Over the years, many have scrutinized Nintendo for its handling of 'piracy,' emulation of its classic games, and video game preservation. However, the company's latest ROM and emulator-based lawsuit feels like a case where the Big N has acted accordingly.
You see, a streamer by the name of EveryGameGuru was streaming gameplay and content from Nintendo Switch games before they were released. According to Nintendo's lawsuit, they streamed content from Mario & Luigi: Brothership, Super Mario Party Jamboree, and The Legend of Zelda: Echoes days or weeks before their official release.
Nintendo's response was the usual takedown request or 'stop doing that' first response email, with EveryGameGuru opting to keep streaming across various Discord, YouTube, Twitch, and Kick channels. In addition, the streamer apparently sent Nintendo a letter saying they had "a thousand burner channels" and could "do this all day."
Although EveryGameGuru's audience was small, they also began seeking donations through CashApp and even helped people play Nintendo Switch games on their PCs without needing Nintendo hardware.
"On at least fifty occasions in the last two years, Defendant has streamed gameplay footage of pirated copies of at least ten different Nintendo games without authorization-all before those titles were released to the public," Nintendo said in the lawsuit. "All of these streams were unauthorized and all compromise Nintendo's legitimate prerelease marketing. They also promote and encourage downloading of pirated copies of unpublished games. Defendant's streams often consist merely of him playing Nintendo's leaked games without commentary for extended periods of time."
Nintendo is seeking $150,000 from EveryGameGuru for every single copyright infringement or stream, which 404 Media estimates to be around $7.5 million in damages.
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