Nearly a year after the case first started, a verdict has been reached in Nintendo’s lawsuit against EveryGameGuru, who previously streamed pirated and emulated Switch games.
The case against EveryGameGuru (Jesse Keighin) received quite a bit of attention due to his defiant attitude against the company. Although his channels were shut down, that didn’t deter him at all. Keighin continued to inform his audience about how to pirate games and showed little regard for the legal proceedings.
In its initial lawsuit, Nintendo mentioned that Keighin had sent them a letter boasting he had “a thousand burner channels” to stream from and claimed he “can do this all day.” After the lawsuit began, Keighin remained unconcerned. In a Facebook post, he wrote: “Should have done more research. You might run a corporation. I run the streets.”
Moreover, Keighin apparently destroyed evidence and evaded Nintendo’s attempts to serve him personally, complicating the legal process.
Recently, a Colorado federal court ordered Keighin to pay $17,500 in damages. It’s worth noting that Nintendo could have requested up to $1.5 million in damages, as the piracy involved ten games.
In addition to the monetary damages, the court issued an injunction preventing Keighin from any future infringement. However, Nintendo’s demand to “destroy all circumvention devices” was rejected. The court ruled this request “unclear” and “unreasonable,” given that the tools in question are primarily software applications widely available online.
Nintendo also sought to extend the injunction to third parties working in concert with Keighin. This request was denied because the company was not specific enough in its claims.
This case highlights Nintendo’s ongoing battle against piracy, as well as the legal challenges in enforcing digital rights in the modern age.
https://nintendoeverything.com/nintendo-everygameguru-lawsuit-decision/
