Nintendo prevails in NSMBW pirating suit, man must pay $1.5M

Tuesday, 9th February 2010 15:50 GMT By Stephany Nunneley


Nintendo of Australia has announced that its won a lawsuit filed against James Burt for pirating New Super Mario Bros. Wii.

The judgment handed down in the case comes to Burt owing the company $1.5 million AUD ($1.3 million US) for loss of revenue from a game that has so far sold over 10 million units.

Loaded onto the net on November 6, one week before the game was released, Burt was the first one to pirate the game, thus allowing Nintendo to use its “sophisticated technological forensics to identify the individual responsible for illegally copying the file and making it available for further distribution”.

Using this information, Nintendo obtained a court order on November 23 to search Burt’s “residential premises”, leading to the seizure of “property from those premises in order to gain further evidence against the individual.”

Despite the monetary overkill the guy has to pay, moral of the story – don’t steal. Especially from Nintendo or any other company rich enough to visit your house under a court order.

Here’s the full PR, courtesy of Joystiq:

Nintendo confirms the settlement of a Federal Court action against an individual in Australia for illegally copying and uploading to the Internet the first game file of Nintendo’s highly-anticipated video game, New Super Mario Bros. Wii for the Wii(TM) console. The game file was first made available for illegal download worldwide on 6 November, 2009, a week prior to its official release in Australia.

This legal proceeding was commenced to protect the creative rights and innovation of game developers, and to combat the growing international problem of Internet piracy. Under Australian law, copying and distributing games without the permission of the copyright holder is a breach of the Copyright Act.

The legal proceeding resulted in a settlement in which the individual will pay to Nintendo the sum of $1.5 Million dollars by way of damages to compensate Nintendo for the loss of sales revenue caused by the individual’s actions.

Upon the game being uploaded to the Internet, Nintendo was able to employ the use of sophisticated technological forensics to identify the individual responsible for illegally copying the file and making it available for further distribution. On 23 November, 2009, Nintendo obtained a Federal Court search order in respect of the individual’s residential premises. This led to the seizure of property from those premises in order to gain further evidence against the individual.

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.

Nintendo has been working to combat piracy for approximately 20 years. Piracy is a significant threat to Nintendo’s business, as well as over 1,400 game development companies working to provide unique and innovative games for the Nintendo platform. 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.




    He just got Mariowned.

    #1 5 years ago
  2. Blerk

    Ouch! And also… lol!

    #2 5 years ago
  3. mington

    i bet he never nintendid it to end up this way…

    oh fuck off :)

    @1 Bravo

    #3 5 years ago
  4. Eregol

    Obviously he’ll never end up paying the full sum.
    Unless he’s a millionaire himself.
    He never made a penny from the downloads that came from it, so where on earth would he get the money from.
    This will run and run and that figure will go down.

    #4 5 years ago
  5. Blerk

    Nintendo will own his soul instead. They’ll keep it in a jar somewhere as a warning to others.

    #5 5 years ago
  6. mington

    his soul will appear as the boss of the next smash bros game

    #6 5 years ago
  7. JimFear666

    at least when the dude will have finish to pay that he could say that he paid for the developement of an entire game :p

    #7 5 years ago
  8. NGCes26294BIV


    $1.5M for a whole game? :D

    #8 5 years ago
  9. Psychotext

    I’ve always thought that fines like these were pointless. At that point you might as well just leave the country and start again.

    $1.5M for a whole game? :D

    Fair point. They probably put NSMB together with a couple of interns and the base code for the numerous virtually identical games they’ve made in the past. The’d have had change out of 100k. :D

    #9 5 years ago
  10. Petulant Radish

    Jim it’s highly unlikely this chap will every pay off the fine, he will pay small amounts off what is clearly a symbolic amount rather than an actual levied toll that Nintendo expects paid in full, he will barely touch the sides of that during his lifetime unless he is a premiership footballer.

    #10 5 years ago
  11. pleasant_cabbage

    I want a pirating suit. Man, I’d plunder like fook in it

    #11 5 years ago
  12. Petulant Radish

    Pirates didn’t wear suits, they wore beards and daggers. Possibly a scimitar if they were that way inclined,, and a parrot or two plus an iguana if they were feeling tropical.

    #12 5 years ago
  13. onlineatron

    Two vegetable based names in one thread… The end is nigh!

    #13 5 years ago
  14. Eregol

    Beards, daggers and a scimitar.
    Other than that they were naked?
    No wonder they were so angry.

    #14 5 years ago
  15. Petulant Radish

    They were the inspiration of Bayonetta as they weaved their beards into various clothing items that could be whipped back into a massive furry beard full of burning embers at a flick of the head. True story.

    #15 5 years ago
  16. Bulk Slash

    Pirates are so stupid. When are they going to learn to upload using someone else’s internet connection???

    #16 5 years ago

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