Nintendo have just announced that they've successfully concluded a settlement in the Australian federal court against an Australian individual accused of "illegally copying and uploading to the Internet" part of New Super Mario Bros. Wii.
That price is utterly, utterly insane.
Is it just me that's skeptical about the “sophisticated technological forensics”?
Hahahaha 1,5 mil, nice
Haha, the sophisticated forensics were explained on another site: "According to GBATemp the guy who leaked the game was a regular there and probably got caught not through the use of "sophisticated technological forensics" but because he posted pictures of himself with the game and receipt, complete with home details, as a response to people telling him he released a fake dump. Who knows if it's true or not, but either way, this dude is hosed for life. That was a settlement, too - wonder how much jail time he was up for." They just probably verified his copy of the game made the image and that his IP was available on the torrent.
How is it overkill? The guy put up the game online. at 50$ per download, how many free copies do you think he gave away? Only takes 30k downloads to equal the cost they are sueing him for. On top of that, they normally factor in legal costs and whatever costs it took to track the guy and catch him as well. This isn't as simple as he stole a 50$ game.
A big part of sentencing criminal behavior is making it in proportion to the crime and that is off here. If you get that much without making money why not just pirate games for cash? Sell them out of your garage or put ads on a warez or torrent site. If the minimal crime is punished this severely there's no incentive to keep from going all the way to the limits of illegal behavior.
Unfortunately, this will not dissuade any other pirates from cheating the system. Piracy will always be rampant and result in lost profits because people are too cheap to buy their entertainment. If they want free entertainment, they should go to a library and check out some books or watch TV. Sorry but I am disgusted by the piracy numbers these days for music, movies, and games.
"Sorry but I am disgusted by the piracy numbers these days for music, movies, and games." So in the end we should just give million dollar fines. This guy will be in jail for life. In contrast i do not think he deserved it. Even though Nintendo makes a loss with every download, the amounts of copies sold is still high. Not saying its awesome to pirate, just find the verdict ridiculous. edit: Fromo the PR: "illegally copying and uploading to the Internet the first game file" First game file? What? So its not even the whole thing, its just a part?
Makes 'ya wonder what would the fine be if s/he were to upload the whole thing.
I owe $18k in student loans and about $10k in other debts and I still can afford to purchase every game and song I use.
i dont mean to be rude but i dont get what your trying to say for all you no this guy has a 800$ debt but still pirates, my point is, personal circumstances dont always contribute to life style choices
I'm trying to say that there shouldn't be piracy. Even if you have financial circumstances you should still pay for what you play. There is no excuse for theft. I'm not saying the guy can't afford it, but I've heard people say "I'm can't afford all the games coming out"
The problem is not piracy The problem is companies charging £40 and $60 for games that only last 5 hours The problem is the Price On PC games are far cheaper but still could be less, I have paid for 107 games on steam and saves hundreds by getting the games on offer Rarely do I see offers to people in shops and very rarely I see offers on console games. Digital distribution is the future as less companies have a slice of the cake meaning cheaper games as the Developer and Publisher gets more money PC Steam Developer/Publisher - Steam - Me Consoles Developer/Publisher - Platform holder - Distributor - Store - Me
To be fair it took my friends and I 27 hours the first time through to complete every NSMB level. That argument works but this game was pirated a week before release and hence it doesn't apply to this game. Generally though you're right.
Well, no hes not right. If a game is too short to be of value for you, it is not your 'right' to pirate it. Your right would be to not purchase it, and if enough people do that, it will drop in price quickly and any potential sequels should be longer. There really isn't any justification for stealing it I'm afraid.
I mean he's right that's the reason people steal the games. Obviously they don't have a right to do it. But he's correct that they feel they aren't receiving enough value for their money. I'm in law school hoping to end up in IP law with a CS degree, I am the last person who would be sympathetic to piracy.
I always get offers on console games and piracy is far bigger on the PC than all the console combined so your arguement = fail
Surely one could claim that it wasn't 100% chance that it was him on the PC. Wasn't their a legal president where upon someone evaded a speeding ticket because the court could not prove with 95% accuracy it was him in the car. Hence why some speed cameras take a picture of the driver. Although online laws are mostly in favour of the companies. Check out youtubes copyright offences and retort by the uploader. While the uploader may make a valid claim youtube may not reconize it because it's online and youtube may take 5 to 6 weeks to take action while the uploaded has 1 or 2 days to remove said material.
He actually posted pictures of himself with his name and receipt ;) "According to GBATemp the guy who leaked the game was a regular there and probably got caught not through the use of "sophisticated technological forensics" but because he posted pictures of himself with the game and receipt, complete with home details, as a response to people telling him he released a fake dump. Who knows if it's true or not, but either way, this dude is hosed for life. That was a settlement, too - wonder how much jail time he was up for." I don't know about Australia's legal system but you might be able to show it with the info beyond a reasonable doubt, which isn't 100%. If it was a civil case you only need a preponderance of the evidence in the US and that's even lower. Just show more often than not it was him. This would likely hold if you only had IP addresses and a judge/jury that understood that, in fact some people have gotten out of MPAA fines this way. Someone else could have had the IP or controlled their cpu through a virus or proxy. If he was smart he could have avoided all this using a proxy server.
Nintendo prints money, I don't see why they should care
Nintendo probably doesn't, if they loose they'll just have money cake is they win the money cake will be 0.01% larger.
Cool, I'm coming to your house to steal some of the stuff your parents gave you. Hell, you got it for free so what do you care.
They could be printing more money, why not?
by default and logic, pirates dont have that kind of money what are nintendo thinking? i actually feel sorry for the pirate
It's not about getting that money. It's about making an example out of the guy. It's the same thing the RIA did with music years back. Big cases against every day people for millions of dollars. It always ends the same way. They are found guilty but let off with community service, a reduced fine and they have to do events speaking out against piracy. It's to scare people out of pirating. Make them realize it could happen to them too.
i get that its not really the money, its to scare them and others straight but honestly, it does not work the amount of torrents avalible are shocking, if you know about usenet/newsgroups you would also no that it is possible to hide what you download the only way to stop piracy is to stop then internet, which isn't gonna happen
"I get that its not really the money, its to scare them and others straight but honestly, it does not work" If you read about this more you'll see that he actually uploaded the first copy of the game to the internet a week before release. They're not going after users here but targeting the source. You can't stop piracy as a whole but if you can lower the small number of people who leak a game before release that certainly helps. You can't stop the warez groups in it for money or cred that you're talking about but this was a moron who got it from a retail store and posted it. Those guys are easily deterred. And you can't stop it generally but I'm glad they went after the source instead of the end users downloading the torrent from him. They're not going after wii owners or kids or poor students who downloaded a game here, they're charging the guy who bought the game a week early and posted it online and made all that piracy possible.
He got what he deserved. End of story. Now have fun slamming the disagree button. I know those of you who feel entitled to pirate software will jump right on that. Edit: @ below It is generally inadvisable to announce that you are taking bubbles away. It is an open invitation for retaliation. If I were a lesser man I would take a bubble away from you in return, but I will not. In fact I may even give you a bubble for your honesty.
I gave you an agree but took a bubble away because you just have too many. Just isn't right....
i agree with assasin but dont think this changes anything
first documented case of "bubble envy" - lol
i never even heard of this torrent file..and there charging him that much?! that wont do anything to stop pirates though there are always ways around things on the interwebs happy hunting nintendo thanks for linking thousands of pirates to your unreleased game!
they will be waitn ages for there money lol. how can they guy pay that,might pay 10$ a month lol
This is kinda like sending a child to jail for stealing candy. "nooo man this guy old he know wat he doin" No, this guy could be poor and could not afford games, obviously. And Nintendo KNOWS hes poor. Nintendo, the trillionare company that makes billions in selling GBA2 to weabos. Nintendo, the family friendly company, that has Wii Sports, Miis, Yoshi... Worst, Nintendo might start a trend, where now the gaming companies will sue for trillions to poor pirates who just wanna have fun. Have fun downloading your childhood roms in the future. Nintendo is now lower than M$. MS doesnt sue pirates, MS just banns them.
The guy did something illegal involving a large-scale title for a large company. He wasn't going to just get a slap on the wrist, and I'm glad. This person uploaded the file, therefore showing that there was no correlation between this lawsuit and how much money he had, other than how much money he has been fined. But, I'm sure you just skimmed the title and thought 'Hey, I can randomly attack Nintendo about this topic for no real reason.' So, pay no heed to this reply.
Oh wow, he ripped off a game frowned upon by hardcore gamers. This wont benefit you in any way. Nor will it make things worst. How sill it make things worst for a multimillinare company? They all have pools and 5 story houses, and their sueing a poor guy for a mil. Cmon, you have to be human to understand that is wrong.
Wow, you're either the guy in question or are joking. New Super Mario Bros. Wii was their big release in December, and arguably in 2009. Of course they'd go after something that lowered its sales in such an illegal fashion. Also, he bought the freaking game and uploaded it for others...so how did he do this because he couldn't afford to buy games? I bet you would be perfectly fine if, say, Square Enix sued a British guy for uploading the PS3 version of FF13 for $1.5 million?
Teh cell, Almost everything has these little fine prints, the legal system just pursuits it. Still 1,5m is stupid.
I'm amazed how some of you react to this, cause no one ever downloaded something illegal right? We are such a justified system aren't we? Hypocrites.
The more likely truth about this story: http://wosblog.wordpress.co...
Sounds about right. Companies are pretty good at using threatening-sounding amounts of money to scare people out of doing something that isn't in their interest. Just look at Square Enix's C&D of Chrono Trigger: Crimson Echoes.
"I owe $18k in student loans and about $10k in other debts and I still can afford to purchase every game and song I use. " Er, no you can't. If you're $28K in the hole you can't AFFORD anything. Being able to get further into debt in order to obtain it isn't the same thing.
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