Nintendo is suing a streamer for over $7 million for streaming pre-release titles and wants $2500 more for each emulated game

Super Mario Party Jamboree — (Image credit: Nintendo)

Nintendo is suing a Colorado man for more than $7 million over alleged copyright infringement.

In a newly filed lawsuit (via KKTV), Nintendo alleges Jesse Keighin repeatedly streamed pirated video games including Mario & Luigi: Brothership, Mario Party Jamboree, and The Legend of Zelda: Echoes of Wisdom on platforms like YouTube, Discord, Twitch, TikTok under the handle Every Game Guru. Nintendo alleges Keighin had been streaming these games before they released and in some cases encouraging his viewers to play Nintendo games ahead of launch through illegal means.

"Defendant is a recidivist pirate who has obtained and streamed Nintendo’s leaked games on multiple occasions," reads a portion of the lawsuit. "Leaked games (sometimes referred to as 'prerelease games') are copyrighted video games which Nintendo has not yet publicly released. These games are illegally obtained and then shared online for anyone with Internet access to download illegally (pirate), resulting in significant prerelease piracy."

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Nintendo alleges Keighin began pirating its games starting in 2022. It seeks $150,000 for each alleged violation of the Copyright Act and a further $2,500 for each alleged violation of the Copyright Act's anti-circumvention and anti-trafficking provisions, which Nintendo says "prohibits circumvention of a technological measure that effectively controls access to a work protected by the Copyright Act."

Essentially, Nintendo wants $2,500 for each time Keighin simply used an emulator to play a Nintendo game on top of the $7 million in total it's seeking for separate streaming infringements.

In a statement to GamesRadar+, a Nintendo of America spokesperson said: "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."

After earning an English degree from ASU, I worked as a corporate copy editor while freelancing for places like SFX Magazine, Screen Rant, Game Revolution, and MMORPG on the side. I got my big break here in 2019 with a freelance news gig, and I was hired on as GamesRadar's west coast Staff Writer in 2021. That means I'm responsible for managing the site's western regional executive branch, AKA my home office, and writing about whatever horror game I'm too afraid to finish.