Nintendo Wins $17,500 Judgment in Piracy Case

Video game publisher Nintendo has achieved a legal victory against a Colorado-based streamer, Jesse Keighin, who was found to have broadcast pirated, unreleased games for the Nintendo Switch console. The court awarded Nintendo $17,500 in damages after Keighin did not respond to the lawsuit, leading to a default judgment entered in March. According to court documents, Keighin, known by the online alias "Every Game Guru," streamed at least ten unreleased titles between 2022 and 2025, including notable games such as Mario & Luigi: Brothership and Super Mario Party Jamboree. Reports indicate that Keighin claimed to possess numerous unauthorized channels and made statements suggesting a disregard for corporate authority. Nintendo's legal filing revealed that the company could have sought significantly higher damages, potentially exceeding $100,000, based on statutory limits and the number of alleged infringements. However, the company opted to pursue only the $17,500 for the most recent violation. The federal court in Washington accepted this request but denied certain broader demands from Nintendo, including injunctions and the destruction of circumvention devices, citing concerns over clarity and reasonableness. Legal experts view the outcome as a reinforcement of Nintendo's anti-piracy measures, particularly concerning pre-release leaks. The filing emphasized that broadcasting gameplay of titles before their official release could negatively impact customers who have been waiting for the games. It also highlighted that multiple infractions, coupled with evasive behavior, warranted significant statutory awards. On the other hand, Keighin is accused of avoiding service of the complaint, prompting the court to authorize alternative methods of service through emails and letters sent to his relatives and partner. His lack of response resulted in a default judgment, indicating that liability was accepted without contest. This relatively modest award stands in contrast to other recent legal actions, such as Nintendo's $2 million victory against a mod-chip seller in Washington and a more than $1 million judgment against a file-hosting site in France for failing to remove unauthorized Nintendo content. Industry analysts note that this case underscores the evolving risks for content creators and streamers. While the use of emulators, modded consoles, and illegally obtained ROMs has been prevalent in the gaming community, this ruling suggests that companies are prepared to take legal action against individual users when their activities become overt and widely recognized. Meanwhile, large-scale distributors of hacking hardware and file-hosting services continue to be primary targets in the ongoing efforts to combat piracy on a larger scale.

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