When gaming becomes a legal case
Imagine you're streaming a new game - even before it's officially out - and suddenly a billion-dollar corporation not only demands money from you, but also wants you to destroy all your technology. This is exactly what is happening to streamer Jesse Keighin, better known as "EveryGameGuru". Nintendo has had enough and is taking him to court again. The accusation: Keighin is said to have streamed at least ten games via emulators before their release and thus violated copyright law.
The sum that Nintendo is demanding is almost moderate at 17,500 dollars - considering that up to 7.5 million dollars would have been possible if the full amount had been used. The majority of the fine relates to the game Paper Mario: The Thousand-Year Door and the breach of the so-called Digital Millennium Copyright Act (DMCA), a US law that provides particularly strict protection for copy protection measures.
Streaming, emulators and the big misunderstanding
What many people don't know: Emulators themselves are not illegal. They can even be used to archive old games or to play legally purchased games on other devices. However, anyone who uses emulators to play unreleased or pirated games is on very thin legal ice.
Jesse Keighin is said to have not only gambled, but also provided his community with everything they need for piracy - including emulator links and the so-called "prod.keys", which circumvent copy protection. Nintendo sees this as a clear declaration of war - and now not only wants to make money, but also set a radical example: Keighin is to destroy everything that had to do with streaming games. Computers, consoles, software - everything.
What Nintendo really wants
In addition to damages, Nintendo has applied for a worldwide injunction. This sounds harmless, but it means that Keighin will never be allowed to stream anything remotely related to Nintendo again - not even in the future. Nintendo apparently wants to make an example of this. And indeed, the company seems to have been at war with emulators and the like for some time. Only recently, the company cracked down on the popular emulator project Yuzu.
Keighin's reaction to all this? Not exactly de-escalating. According to court documents, he deleted evidence and told Nintendo's lawyers: "You may run a company. I run the streets." Not exactly what you'd call a smart move in court.
What is the shredder supposed to do?
Nintendo has every right to take action against copyright infringements - no question about it. But the demand to destroy all devices is excessive. Do they really want to prevent anyone from streaming again? In times of cloud gaming, VPNs and second-hand laptops, a streamer is likely to be back online faster than a lawyer can say "cease and desist". The action seems more like a symbolic act of revenge than a meaningful measure. Nintendo should perhaps ask itself whether it is not creating more enemies than fans with such aggressive means. A clear case of: Shooting pixels with cannons.
