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Illegal game download costs Aussie
Posted 10 February 2010 - 01:17 AM
A Queensland man will have to pay Nintendo $1.8 million in damages after illegally copying and uploading one of its new games to the internet ahead of its release, the gaming giant says.
James Burt, 24, of Sinnamon Park in Queensland will pay Nintendo $1.8 million after an out-of-court settlement was struck to compensate the company for the loss of sales revenue.
Nintendo said the loss was caused when Burt made New Super Mario Bros for the Wii gaming console available for illegal download a week ahead of its official Australian release in November last year.
Under Australian law, copying and distributing games without the permission of the copyright holder is a breach of the Copyright Act.
Nintendo applied and was granted a search order by the Federal Court forcing Burt to disclose the whereabouts of all his computers, disks and electronic storage devices in November.
He was also ordered to allow access, including passwords, to his social networking sites, email accounts and websites.
The matter was settled between Burt and Nintendo last month.
Burt will have to pay Nintendo's legal bill of $126,324, the Federal Court in Melbourne ordered on January 27.
Nintendo said in a statement it was able to trace Burt by using sophisticated technological forensics after the game was uploaded to the internet.
The company said it guarded it intellectual property rights to protect the interests of it consumer, own interests and 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," it said.
Piracy was a significant threat to the gaming business and the 1,400 game development companies who contribute to providing games for the company's platform.
Nintendo Australia managing director Rose Lappin said the illegal upload had marred the release of the new game, which Australia was able to get ahead of other countries, which was unusual.
"It wasn't just an Australian issue, it was a global issue. There was thousands and thousands of downloads, at a major cost to us and the industry really," Lappin said.
"It's not just about us. It's about retailers and if they can't sell the games then they have to bear the costs associated with that.
"Once it's on the internet it's anyone's really."
Lappin said globally the company had a major network against piracy.
Posted 10 February 2010 - 02:29 AM
2. Do Nintendo really think one man is going to be able to pay $1.8 million AUD + court fee's? GET REAL NINTENDO!
3. If you're gunna do such a thing, be smart enough to use a proxy
Edited by MrDan, 10 February 2010 - 02:30 AM.
Posted 10 February 2010 - 04:23 AM
I think that it's fine that Nintendo went after the person. as for whether or not the amount is ok, I'm not sure, but i can tell you that because the download was released early, lots of potential buyers were lost. it's like someone taking your paycheck. people worked to make that game, the company decided a release date, and someone else who got his hands on it decided the world should be different.
don't have such a single sided view of things.
Posted 10 February 2010 - 06:07 AM
or i download the game for free, stay a fan of nintendo, and buy 3 $40 controllers plus 3 $20 nunchuck to play the damn game with 4 people
yes i know that the nunchuck is not required but whats the sense in having half a controller. now the wii motion plus is out and thats $20 bucks.
Posted 10 February 2010 - 06:44 AM
I wonder if the uploader used encryption when uploading it.
Edited by Franpa, 10 February 2010 - 06:45 AM.
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