According to the document, Keighin sent a letter to Nintendo in late October “bragging that he has ‘a thousand recorded channels’ to stream” and that he will continue to use them.
Don’t think he was intimidated
Except they know his real name and his face, that kind of threat doesn’t work when they can just tell your country to arrest you for breaking the law.
Yeah he’s got balls. Also an idiot, but still.
that kind of threat doesn’t work when they can just tell your country to arrest you for breaking the law.
That assumes the country gives a shit. Many countries simply do not care about what Intellectual Property you “own” or created in some other country.
But then those sorts of countries usually have law enforcement that likes taking large amounts of “financial incentives” to do whatever a company like Nintendo wants them to do.
I’m not sure that Nintendo has any pull in any Middle Eastern country or China.
But all of this is moot as the lawsuit is in the US… And Nintendo would just tell the streaming services to ban them over and over again.
Thats not even the crazy part
Nintendo is seeking $152,500 in damages
There’s only 6 figures.
The key here is $152.500 per infringement. So if he streamed at least 50 times in the past two years, that’s $76 million at least.
And that falls straight back into “normalcy” (for Nintendo).
That’s not what the article says…
Granted they will be seeking additional damages in court, too.
Follow the source of this article (in this case Polygon, yuck) and you will find the original info:
It’s seeking $150,000 for each alleged violation of Nintendo’s rights outlined in the Copyright Act and $2,500 for each alleged violation of the Copyright Act’s anti-circumvention and anti-trafficking provisions. Alternatively, Nintendo also could elect to take “actual damages,” i.e. money it’s lost, and Keighin’s profits, “in amounts to be proven at trial.”
Ahhh thanks
Nintendo has been cracking down on emulators this year.
I’m guessing it’s because the Switch 2 will be a “Gamecube to Wii” sort of upgrade. Gruntier CPU and GPU, minor hardware changes, but same basic system. So Nintendo has been cracking down on Switch emulators so there won’t be a zero day Switch 2 emulator.
In this case it’s a specific person that has repeatedly streamed games before their release dates, meaning he’s obtaining the games early illegally and actively encouraging other people to do the same. He makes how-tos specifically with the intention of getting more people to pirate games before they release. He’s attached his real name and face to everything so it’s no surprise Nintendo probably intends to come down harder on him than that Bowser guy they reamed a while ago.
This jackass is precisely why we can’t have nice things, he’s justifying all of the bullshit reasons these companies are against things like emulation.
Exactly. This has much more to do with pirating games, especially before release, than any emulator crackdown. He’s the poster child of every reason Nintendo has used to go after anyone not using legit hardware. And frankly, I think more people than many are comfortable admitting are like this guy: they use emulators primarily for piracy. I’m not 100% totally against emulation, but that’s where we need to point companies like Nintendo who are hyper-aggressive with their IPs to the real target: illegal ROM sharing sites and other avenues of game piracy, instead of the emulators. People who are emulating just for backup/preservation of games, as many claim they are (and I don’t have a problem with), shouldn’t really have an objection to the real pirates going down.
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You mean Wii to WiiU?
As per usual, fuck nintendo.
Agreed, but this asshole deserved it. He
- Streamed unreleased games
- Handed over prod.keys and firmware files to anyone who asked.
- Told Nintendo “I can do this all day” after being copyright striked.
- And set up a CashApp to make money from all of it.
All while using an emulator. That kind of shit makes emulation look like a tool for bad actors and pirates, which is going to ruin it for the rest of us.
It annoys me how often my standpoint on topics on Lemmy has been “I hate the same people you do, but your reasoning for hating them makes so little sense.”
Is that directed at me… or?
Either way, there’s going to be a fair bit of that here. A lot of Lemmings come to the same conclusions, but the reasons are very different and sometimes incomprehensible from an outside perspective.
No, was not directed at you. I was agreeing; Nintendo is stupid and trigger-happy with its lawsuits, but going after this guy makes sense.
I see it a lot on lemmy that as soon as someone is hated doing anything to them is fine.
That makes me like him more.
You’re entitled to your own opinion, but keep in mind that it’s people like him who make corporations condemn the technology instead of the users of the technology. He’s blatantly pirating, trying to profit off of it, and taunting Nintendo to do something about it.
And what they’re doing about it is not just going after him but also the people who created the emulators, so more people like him can’t exist. Nintendo wasn’t nearly as aggressive about going after emulators until people started using them to play unreleased games, and now, in the span of a year, they took out the main developers of both major emulators.
As someone who suffers from severe motion sickness and uses emulation with framerate unlocking patches to alleviate it, these people’s actions are screwing over me and other gamers with accessibility challenges.
Good point.
Personally I belive that even absent of people like this, corporations would be assholes.
keep in mind that it’s people like him who make corporations condemn the technology instead of the users of the technology
Hard disagree. Corporations get to make their own rules, and this person is a scapegoat. They’ve been attacking emulators for a long time.
While it’s true that they’ve been trying to stop emulators for a long time, they haven’t been able to do too much about them because of Sony v Bleem.
Modern emulators exist in a legal gray area, though, and might be violating the DMCA. The more of these assholes that pop up and get sued, the higher the likelihood that one of them refuses to settle, gets steamrolled by Nintendo, and gives them and every other console manufacturer the legal precedent that emulators are piracy/DRM-circumvention tools.
Even if you disagree with my belief that Nintendo would be less aggressive this year if people hadn’t been spotlighting emulation-based piracy and provoking them, you should be concerned about that.
Sony v Connectix is the actual case that set the precedent for emulation, not Bleem. The Bleem case decided whether or not the use of screenshots of copyrighted games to advertise their emulator was legal. I believe it just deferred to the Connectix case for the legality of the emulator.
Thanks for the correction. I sometimes get those two mixed up in my memory, and it’s a really stupid problem that I need to fix.
If there is no product, what did he take?
