Nintendo sues streamer Jesse Keighin for repeatedly streaming pirated Nintendo games ahead of their release date, according to a recent lawsuit reviewed by Polygon and filed Wednesday in a Colorado court. Nintendo says Keighin, called the Every Game Guru on streaming platforms and social media, has streamed 10 then-unreleased Nintendo games over the past 10 years, with titles as recently Brotherhood of Mario and Luigi, The Legend of Zelda: Echoes of WisdomAND Super Mario Party. It also instructed its restricted audience on how to get those games early, according to the lawsuit, something Nintendo says involves “trafficking” illegal “security bypass devices” such as emulators and keys to access the games.
Nintendo said in the lawsuit that this type of infringement caused “millions of dollars” in damages to the company through “lost video game sales.”
“Streaming games that have been leaked before their release normalizes and encourages pre-release piracy – the defendant signals to viewers that they too should purchase a pirated copy and play the game now, without waiting for or paying for its release,” Nintendo lawyers wrote . “Pre-release piracy harms law-abiding Nintendo customers who may have waited months or years for a specific game release, and then may see gameplay and spoilers online that ruin their surprise and enjoyment of the game.”
Nintendo has issued takedown orders for various Keighin streams, which include YouTube, Twitch, Kick, Loco, and other live streaming sites. Most of these accounts have been deleted or closed, but Polygon was able to find several lively Loco accounts using the Every Game Guru handle. Several broadcasts are available on one channel Super Mario Jamboree, published before the game’s release date, as well as broadcasts of other games, e.g Rust and Ciche Wzgórze 2 redo. The page, which appears to be Loco Every Game Guru’s main account, has 8,000 views and 43 followers.
In response to these notices, Keighin reportedly told Nintendo that he had “a thousand recorder accounts” and that he could “do this all day,” Nintendo alleged in the lawsuit. He allegedly streamed pirated, unreleased games over 50 times over the past two years: Brotherhood of Mario and Luigi 16 days before the release date of November 7, Super Mario Party six days before the release date of October 17, The Legend of Zelda: Echoes of Wisdom five days before the September 26 release date, Paper Mario: Millennium Door two days before the release date of May 23, Mario vs. Donkey Kong one day before the release date of February 16, Super Mario-RPG seven days before the November 17 release date, Super Mario Bros. Miracle five days before the release date of October 20, 2023, Pikmin 4 two days before the release date of July 21, 2023, Pluto 3 three days before the release date of September 9, 2022 and Mario Strikes: Battle League two days before the June 10, 2022 release date, Nintendo said in the lawsuit that it was playing the games on a Windows computer or a hacked Nintendo Switch console, meaning it was also allegedly circumventing Nintendo’s technological measures to prevent piracy.
The lawsuit says Nintendo wants the court to completely stop Keighin’s activities – delete streams and videos and seize emulators, hacked devices and difficult drives where the allegedly illegally obtained games are stored. He is seeking $150,000 for each alleged infringement of Nintendo’s rights under the Copyright Act and $2,500 for each alleged violation of the circumvention and trafficking provisions of the Copyright Act. Alternatively, Nintendo could also choose to collect “actual damages,” i.e., Keighin’s lost money and profits, “in such amounts as are proven at trial.”
A Nintendo of America spokesperson released the following statement to Polygon:
We can confirm that we have filed a lawsuit against someone who has committed and continues to commit clear violations of Nintendo’s intellectual property rights, as well as our Game Content Guidelines. Nintendo is passionate about protecting the work of game developers and publishers who devote significant time and effort to creating experiences that make you smile.
Keighin did not respond to Polygon’s request for comment.
Update: This story has been updated to include more details about Every Game Guru’s streaming accounts, as well as a statement from Nintendo.
