Nintendo wins court battle against defiant streamer
A streamer has been ordered to pay a penalty after Nintendo sued. "EveryGameGuru" systematically ignored the proceedings.
(Image: Barone Firenze/Shutterstock.com)
Following a lawsuit by Nintendo, a streamer with the pseudonym “EveryGameGuru” has been ordered to pay a fine of $17,500 for copyright infringement. This is a default judgment: “EveryGameGuru” systematically evaded the proceedings, was not reachable for mail deliveries, apparently destroyed evidence, and did not appear in person.
He only commented on the proceedings online: “You run a company, I run the streets,” EveryGameGuru wrote according to Torrentfreak in a Facebook post. Finally, Nintendo proposed a default judgment to the responsible District Court in Colorado, which was issued at the end of October.
“EveryGameGuru” allegedly repeatedly streamed Nintendo games online before they were even released. For this, he apparently used pirated copies that he played via an emulator. In the past two years, “EveryGameGuru” is said to have hosted over 50 such streams, in which at least ten different Nintendo games were shown before their actual launch.
“We can do this all day”
The complaint filed a year ago painted a picture of a streamer who deliberately provoked Nintendo. “I have a thousand burner channels,” “EveryGameGuru” wrote in response to a takedown notice to the company. “We can do this all day.”
The reason the $17,500 fine is very low is due to Nintendo: it is the sum the company suggested in its motion for a default judgment. According to Torrentfreak, Nintendo could have also demanded a significantly higher sum of over a million US dollars.
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Nintendo is likely not entirely satisfied with the verdict: the court rejected broader injunctions requested by the Switch manufacturer. Nintendo had demanded that all devices for circumventing copy protection be destroyed. Furthermore, the company wanted to obtain injunctions against third parties who collaborated with the streamer. Both were rejected.
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