Nintendo shows it's teeth (Australia)

[omp]

http://news.ninemsn.com.au/national/...illegal-upload

A Queensland man will have to pay Nintendo $1.5 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 $1.5 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 $100,000, the Federal Court in Melbourne ordered on January 27.

Nintendo said in a statement on Tuesday it was able to trace Burt by using sophisticated technological forensics after the game was uploaded to the internet.

The company said it guarded its intellectual property rights to protect the interests of consumers, its 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," the company 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," Ms 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."

Ms Lappin said globally the company had a major network against piracy.

[Iron Lizard]

I never understand what people do after they are fined crazy amounts like that. Bankruptcy?

[Speedle]

The truth is they will probably never see that money anyway, most 24 year oldsi know dont have £15 let alone millions! lol

[todd]

I'm sure Nintendo is trying to make an example.
This was from a local Craigslist ad yesterday:

Buying Burnt games is illegal, and selling burnt games is illegal.
Dont be scammed, and instead, just call the cops on this looser.


+++++
i got them 360 backup for 20$ for each game if u buy 4 game 4 80 i throw one in for free
i got every game out
example
bioshock2
dantes inferno
nba 2k10
madden 10
forza 3
tekken6
gears 2 10$
halo3 odst n halo 3 special 30$
mass effect 1&2 special with cd 1 & 2 for 30
call of duty morden warfare 2 & 1 special for 25
and more .......these games only work on a flashed 360
+++++

^^ Yea, all super illegal.. he downloaded the games ILLEGALLY, and did so for FREE, and trying to sell them to you??? hahahhahahahahahahhaha

Wonder if the would be seller will get popped no thanks to this vigilant consumer.

[MrMatthews]

Illegally downloading games for your own use is one thing, but the enterprising bastards who try to make money off it really piss me off. If that napster kid is in prison, that's where they ALL should go.