Nintendo Sues Streamer Over Pirated Games, Claims 'Millions Of Dollars' In Lost Revenue

Nintendo ADR NTDOY filed a lawsuit against a gamer for allegedly streaming pirated games before their official release dates.

The lawsuit, filed Wednesday in a Colorado court, states that Jesse Keighin, also known as Every Game Guru, streamed 10 unreleased Nintendo games over the past 10 years.

The company claims Keighin also instructed his viewers on how to obtain these games early, an act Nintendo labels as “trafficking” in illegal “circumvention devices” like emulators and game access keys.

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Benzinga has reached out to Nintendo for comment, but the company has not responded as of the time of publication.

Nintendo's Aggressive Stance On Piracy And Streamers

This legal action follows Nintendo’s recent update to its guidelines on game content, which says that pirated or unreleased content should not be spread online.

Nintendo has a long history of aggressively defending its intellectual property, from suing ROM distributors and emulation developers to issuing takedown notices for pirated content on platforms like YouTube and Twitch. This lawsuit, however, represents one of the first times the company has taken a streamer to court over broadcasting pirated games.

The lawsuit states that streaming unreleased games “normalizes and encourages prerelease piracy,” arguing that Keighin's broadcasts “signal to viewers that they too should acquire a pirated copy and play the game now, without waiting for its release and without paying for it.”

Nintendo's lawyers further argue that prerelease piracy harms “law-abiding Nintendo customers who may have been waiting for a particular game release for months or years, and then may see gameplay and spoilers online that ruin their own surprise and delight when experiencing the game.”

Nintendo claims that these actions have caused “millions of dollars” in lost sales and that the infringement has harmed their business.

Nintendo Seeks Compensation And Shutdown Of Pirated Streams

The company has reportedly issued multiple takedown notices for Keighin's streams on YouTube, Twitch, Kick, Loco, and other platforms. Although many of Keighin's accounts have been deleted, several remain active, with streams still showcasing pirated titles.

According to the lawsuit, Keighin responded to Nintendo's notices by claiming he had “a thousand burner accounts” and that he could “do this all day,” indicating his intention to continue streaming pirated content.

Benzinga has requested a comment from Keighin, but he has yet to respond at the time of publication.

The lawsuit alleges that he streamed pirated games more than 50 times in the last two years, including Mario & Luigi Brothership 16 days before its Nov. 7 release date and Super Mario Party Jamboree six days prior to its Oct. 17 release. Nintendo further claims Keighin played these games on a Windows PC or a hacked Nintendo Switch, circumventing the company’s technological protections.

A Nintendo spokesperson told Polygon: “We can confirm that we filed a lawsuit against an individual who has engaged and continues to engage in clear infringement of Nintendo's IP rights, as well as violations of our Game Content Guidelines.”

“Nintendo is passionate about protecting the creative works of game developers and publishers who expend significant time and effort to create experiences that bring smiles to all,” the spokesperson added.

Nintendo is seeking to have Keighin's operations shut down, demanding that his streams and videos be taken down, and requesting the seizure of emulators, hacked devices, and hard drives containing pirated games.

The company is seeking $150,000 for each violation of Nintendo’s rights under the Copyright Act. It also wants $2,500 for each alleged violation of the anti-circumvention and anti-trafficking provisions of the Act.

Alternatively, Nintendo may opt to seek “actual damages” and any profits Keighin has gained through these activities, “in amounts to be proven at trial.”

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