Nintendo has filed a lawsuit against popular streamer Jesse “EveryGameGuru” Keighin for allegedly illegally streaming unreleased Nintendo Switch games on various platforms. The lawsuit highlights the escalating battle between the gaming titan and piracy, as Keighin reportedly streamed over fifty unauthorized gameplay instances, including ten involving pre-release titles. This not only jeopardizes Nintendo’s marketing strategies but also undermines the gaming experience for paying customers who anticipate these releases.
In a complaint first reported by 404 Media, Nintendo characterizes Keighin as a “recidivist pirate.” The company alleges that Keighin has consistently streamed leaked games, compromising official launches by encouraging the downloading of pirated versions. Nintendo asserts that traditional measures, such as copyright strikes and cease-and-desist orders, proved ineffective in curbing his activities, as he would merely create new accounts to continue his streaming and monetization efforts.
When trouble arose with his monetized YouTube account, Keighin sought donations through a CashApp link in his stream descriptions. Following recent bans on his accounts, it’s reported that Keighin bragged to Nintendo that he possessed “a thousand burner channels” and could evade bans indefinitely. This brazen confidence continued as he promoted the use of Nintendo Switch emulators Yuzu and Ryujinx, sharing modified versions for download despite legal actions taken against them earlier this year.
In its legal filing, Nintendo emphasizes the particularly harmful effects of prerelease piracy, stating, “While all of the Defendant’s infringement is harmful, his repeated infringement of prerelease games is especially damaging.” The company argues that this behavior not only prompts customers to acquire pirated copies but also negatively impacts those eagerly awaiting official releases. Spoilers and leaked gameplay reduce the enjoyment and anticipation for legitimate customers, causing potential losses in sales and damaging Nintendo’s brand reputation.
The lawsuit specifies a financial penalty of $150,000 for each infringement, totaling over $7.5 million based on the number of alleged incidents. This steep fine aligns with Nintendo’s pattern of pursuing heavy penalties against copyright infringements, ensuring a stark warning to potential violators like Keighin.
Unfortunately for him, the response from Nintendo demonstrates a relentless pursuit of those infringing upon their copyrights. As the situation unfolds, Keighin may find himself at a significant legal crossroads, facing the full force of Nintendo’s established and well-equipped legal strategies. This case not only showcases Nintendo’s determination to protect its intellectual property but also raises questions about the broader implications of streaming unreleased content in the gaming community.