They also noted that unauthorized streams of illegally obtained (and) unreleased games compromise Nintendo’s prerelease marketing, which is an offense Keighin allegedly committed over 50 times, infringing copyright of 10 different Nintendo titles in the process.ľlľ

Come on... We are not talking about streamimg an old game (modified or not) on an emulator.

The guy played a game before it was even released and streamed it... And not only once, but with 10 different games. What an idiot... Was probably warned and ignored it, just like the court hearing...

[–] Zoomboingding@lemmy.world 26 points 1 month ago (1 children)

For all its shit with killing fan projects, tournaments, and frivolous lawsuits, this is actually a legitimate case.

[–] Orangutanion@lemmy.world 28 points 1 month ago (1 children)

And yet, because of all that other shit, I still don't support Nintendo.

[–] samus12345@lemm.ee 15 points 1 month ago

Of course not. An asshole who's right is still an asshole.

[–] gamer@lemm.ee 10 points 1 month ago (2 children)

So? Maybe there's a case against him for regular piracy, but streaming a game pre-release doesn't seem like anything remotely close to copyright infringement. If anything, it's journalism and protected speech.

If a leak causes damage to Nintendo's marketing plans, then Nintendo shouldn't have let it leak in the first place. That's negligence on their part.

Of course idk the full story here. Not showing up to court and handing Nintendo a default judgement is stupid.

[–] Katana314@lemmy.world 3 points 1 month ago (4 children)

If something that would normally be copyrightable is leaked, then the only people who have legal rights to that work are still the original owners. Anyone taking/sharing it is breaching copyright.

Different case for something someone recorded/created themselves, ex recording police abuse on their phone.

I know some people have a misguided view of “But you didn’t register copyright, it’s not copyrighted”. That’s the opposite of how it works. Rights are granted at time of creation; copyright is a “granted” right as part of sale/viewing managing how something can be shared.

Otherwise, a photographer that takes a picture of a rare Snipe can have that photo “legally” stolen before they make it to a lawyer.

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[–] ExtantHuman@lemm.ee 9 points 1 month ago (1 children)

If he didn't sign an NDA, then this sounds like a bullshit suit.

[–] BambiDiego@lemmy.world 15 points 1 month ago* (last edited 1 month ago)

It could be counted as IP infringement, corporate espionage, copyright infringement, trademark infringement, trademark abuse, and I'm sure various other things an actual lawyer would know.

I hate large companies and corporations, I think Nintendo is extremely horrible with a lot of their practices, especially regarding abandonware, archiving, and emulation, but when someone commits various crimes, especially unapologetically and without a just cause, they're still a criminal.

This is a case of a selfish prick of a man being a criminal against a selfish prick of a company.

Edit: oh and of course, piracy. (Sail the seas fellas, just not in plain view)

[–] glitchdx@lemmy.world 6 points 1 month ago

sane companies "leak" their upcoming games to influencerson purpose as part of their marketing strategy.

nintendo, once again, chooses to treat their most dedicated fans like shit.

[–] dumbass@leminal.space 47 points 1 month ago (7 children)

Is this the dumbass thay was streaming the unreleased games that got leaked?

Not defending Nintendo one bit here, but like, you made your own bed with that one dickhead.

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[–] hobbsc@lemmy.sdf.org 40 points 1 month ago

all my homies hate Nintendo.

[–] TokenEffort@sh.itjust.works 32 points 1 month ago (2 children)

Nintendo doesn't care if you emulate old games on stream.

They do if it's a live event which I don't really get. Modded smash bros is just not okay at live events but hacked Mario World was at GDQ.

All that aside these games were not only new, but unreleased. He literally could have contributed to lost sales from potential buyers watching the games before they were released.

If they went after some SMW hacker emulating a three decade old game, sure. But they didn't.

[–] pivot_root@lemmy.world 36 points 1 month ago* (last edited 1 month ago) (5 children)

I don't normally victim-blame, but streaming an unreleased game is really asking for it.

It's one thing to pirate a game for yourself. That's just called being poor or being someone who doesn't believe in copyright. The only party who can argue they're being harmed is the developer, who may or may not have received a sale otherwise.

It's another thing to pirate an unreleased game and stream it for others. If you do that and receive ad revenue or donations, you're profiting off of someone else's work. Not only that, but you're also harming the console modding community by incentivizing the publisher to go after homebrew developers and emulator developers. It wasn't a coincidence that shortly after some asshat streamed an unreleased Zelda game being played on Yuzu, Nintendo decided to finally come down on the emulator with an iron fist.

In conclusion, between pirating a game to enjoy yourself and pirating a game to play on a for-profit streaming platform, one of those two things is morally gray and the other is someone being a selfish fuck.

[–] SatanClaus@lemmy.dbzer0.com 11 points 1 month ago

I got banned from Xbox live until year 9999 cause one of the Halo games leaked and I had a modded Xbox. I didn't play online and I didn't stream anything. But my account it accrued achievements. And those fuckers are dated. Lol. Connected the ol Xbox 360 back to the internet to watch Netflix a few months later not thinking about it. And RIP lol

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[–] Eggyhead@lemmings.world 19 points 1 month ago* (last edited 1 month ago) (12 children)

He literally could have contributed to lost sales from potential buyers watching the games before they were released.

By allowing consumers to be better informed of what they might have otherwise purchased?

[–] echodot@feddit.uk 6 points 1 month ago

Well yeah, that will be their argument and legally it's a good argument.

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[–] arakhis_@feddit.org 28 points 1 month ago* (last edited 1 month ago) (2 children)

all these n-letter company dramas streisand-effect'ed me into being interested in legal switch emulation - I never knew you can even play switch online perfectly legal on PC if there's enough gamers backing up a justified defence against lawsuit-bully attempts by those suits

but yeah this guy here not the brighest light, is he

[–] Iheartcheese@lemmy.world 33 points 1 month ago* (last edited 1 month ago) (4 children)

Dipshit was streaming games that hadn't even been released yet.

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[–] dodos@lemmy.world 3 points 1 month ago (2 children)

Is it possible to legally rip my games without a modded switch? I've been interested too but haven't been able to get my hands on a modded switch.

[–] arakhis_@feddit.org 2 points 1 month ago

Better question: would it be legal if you couldn't

[–] ieatpwns@lemmy.world 1 points 1 month ago

Mig flash dumper and a mig flash cart

[–] ohwhatfollyisman@lemmy.world 12 points 1 month ago

However, as Keighin did not show up to court,

bro quite literally played the "sorry mario, the princess in another castle" card at them.

[–] Eeyore_Syndrome@sh.itjust.works 5 points 1 month ago

Did they spring for Dolby vision/atmos this time or cheaped out again?

[+] TwinTitans@lemmy.world 3 points 1 month ago* (last edited 3 weeks ago) (1 children)

[removed by mod]

[–] bleistift2@sopuli.xyz 7 points 1 month ago* (last edited 1 month ago) (7 children)

Why is everyone pretending like they have a right to play Nintendo games? Nintendo says they want $X, you say their game isn’t worth $X, so you get something different instead. What’s the problem?

If you’re at a flea market and can’t reach an agreement on the price, do you just throw a tantrum at the vendor and take their stuff anyway?

[–] arakhis_@feddit.org 4 points 1 month ago

they are literally behaving like apple.

and if theres no eu to regulate them fast enough, there will be free feast (keep in mind consuming games is very present in the culture of society in 2025) for predatory practices like price gauging or denying accessibility through emulation. Whats next, paying for voice chat? and after that, id verification and giving up all data rights for that as requirement to boot the consoles? all that while literally doing this in the most aggressive forms

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[–] SendMePhotos@lemmy.world 3 points 1 month ago (1 children)

What if you own the copy but also have a copy

[–] Fredthefishlord@lemmy.blahaj.zone 7 points 1 month ago (1 children)

He was streaming an unreleased copy. Good luck owning that.

[–] imecth@fedia.io 1 points 1 month ago

What if he had preordered the game?

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