Nintendo have announced that they have settled a court case against an individual in Australia who had copied and uploaded the Wii's New Super Mario Bros.
The individual had secured a copy of the title in November last year, a week before its release date - and had uploaded it to the internet, enabling the game to spread rapidly through peer to peer networks.

Naughty gamers got an early taste of the anticipated Wii title, but its Nintendo who got the last laugh. By utilising online detective services they were able to track down the Austrlian individual and indentify them - resulting in a search warrant which uncovered incriminating evidence.
After a quick court battle, Nintendo was able to secure a punitive judgement against the pirate - with a court order forcing the individual to fess up with $1.5 million Australian dollars compensation for the company.
But even after that beneficial settlement Nintendo is talking tough. It issued these fighting words to would-be pirates:
Nintendo guards its intellectual property rights in order to protect the interests of its valued consumers, its own interests, as well as the interests of game development companies. Nintendo will pursue those who attempt to jeopardise our industry by using all means available to it under the law.
Fewer sales of Nintendo’s hardware and software systems means fewer resources that Nintendo, its licensees, developers and publishers have to create and market new video game products which is ultimately to the detriment of video game enthusiasts. When there is a decrease in game development, there is also a decrease in the number of jobs in the industry. The existence of piracy jeopardises the strength of the video game industry overall.
1.5 million is a very large sum for a single individual to pay. But it shows how seriously the gaming industry is treating illegal downloads and distribution.
What do you think - were Nintendo's actions justified here? Or was the compensation demanded too harsh?
Keep it Locked to NZGamer.com for all your gaming news.
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COMMENTS (14)
ninja edit!
im just amazed he had 1.5 million?
Anyways its harsh-ish but come on dude if your going to do something 'immoral' wise up. Since the defense could use 'research purposes' as an excuse or blame ninetindo themselves for having a copy available that easily so far out from release. Also if it was an unmarked promo etc and he uploaded it he may not know it had 'copyright' etc so many loop holes its funny....
Anyways its harsh-ish but come on dude if your going to do something 'immoral' wise up. Since the defense could use 'research purposes' as an excuse or blame ninetindo themselves for having a copy available that easily so far out from release. Also if it was an unmarked promo etc and he uploaded it he may not know it had 'copyright' etc so many loop holes its funny....
Good effort nintendo.
It'll make people think for a few seconds.. Ultimately making them more sneaky, but it was a good effort.
It'll make people think for a few seconds.. Ultimately making them more sneaky, but it was a good effort.
BAM! Take that ye Pirate!!!
Wow big dollars should scare f a few would-be-pirates.
Wow big dollars should scare f a few would-be-pirates.
This is just insane. The music industry went through exactly this sort of thing 5-10 years ago, and look where it is now. These excessive punishments don't serve as deterents and aren't going to help the situation at all.
All I've ever noticed about digital pirates, is that they just get smarter, wilier and crazier about exploiting as much of the "pirate" market as possible.
So, this guy got his due, piracy is piracy, but no doubt there's a thousand other pirates going "WE'S GOT THE FUEL TO TAKE DOWN THE MAN!" and trying to get more product that isn't released out to the market.
It's a strange, strange cycle...
So, this guy got his due, piracy is piracy, but no doubt there's a thousand other pirates going "WE'S GOT THE FUEL TO TAKE DOWN THE MAN!" and trying to get more product that isn't released out to the market.
It's a strange, strange cycle...
One argument goes that most people who download pirated material would never buy it anyway so is it really a lost sale?
Ouch. On a side note, I still haven't played New Super Mario Bros. Wii.
9 February 2010, 06:15 PM
Reply to RealmEnder
One argument goes that most people who download pirated material would never buy it anyway so is it really a lost sale?
Good point!
One argument goes that most people who download pirated material would never buy it anyway so is it really a lost sale?
"Austrlian individual and indentify them"
Nearly as good as my typos... but not quite, im still better :P
Nearly as good as my typos... but not quite, im still better :P
The guy will just declare bankruptcy...
He wont pay a dime of that, would be impossible for someone like most of us.
If he goes to court and is ordered to pay it he'll probably just be told to pay $20 a week... which will take 1442yrs lol
He wont pay a dime of that, would be impossible for someone like most of us.
If he goes to court and is ordered to pay it he'll probably just be told to pay $20 a week... which will take 1442yrs lol
11 February 2010, 10:27 PM
Reply to SpawnSeekSlay
The guy will just declare bankruptcy...
He wont pay a dime of that, would be impossible for someone like most of us.
If he goes to court and is ordered to pay it he'll probably just be told to pay $20 a week... which will take 1442yrs lol
Yeah it ain't gonna happen.
The guy will just declare bankruptcy...
He wont pay a dime of that, would be impossible for someone like most of us.
If he goes to court and is ordered to pay it he'll probably just be told to pay $20 a week... which will take 1442yrs lol















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