Nintendo Targets Game Streamer EveryGameGuru with Legal Action in Anti-Piracy Lawsuit

• An ongoing lawsuit between Nintendo and streamer Jesse Keighin alleges illegal game streaming and emulator distribution.
• Nintendo is requesting compensation for copyright infringement and DMCA violations.
• The proposed restrictions could also apply to games and emulators developed in the future.

Nintendo filed a lawsuit against streamer Jesse Keighin, known as "EveryGameGuru." The lawsuit tackles allegations of illegally streaming pre-release Nintendo games, distributing unauthorized Nintendo Switch emulators, and using circumvention tools to bypass security protections.

Nintendo alleges that Keighin willfully streamed pirated versions of ten games, including “Mario & Luigi: Brothership,” before their official release. These streams often bore tags like "EARLY RELEASE" or "FIRST LOOK," which Nintendo claims encouraged viewers to engage in similar infringing behavior. 

Extending their claims, the company accuses Keighin of promoting emulator software, including Ryujinx and Yuzu, which Nintendo describes as trafficking in circumvention devices, prohibited under U.S. copyright law.

Notably, the game publisher outlined clear violations of the Digital Millennium Copyright Act (DMCA), including Keighin allegedly decrypting and playing unreleased games using hacked hardware. Nintendo asserts that such acts jeopardize their intellectual property, encouraging broader piracy behavior among gamers and enthusiasts.

Nintendo’s efforts to serve Keighin with legal documentation faced significant roadblocks. Allegedly, Keighin avoided legal service attempts, destroyed relevant evidence, and evaded formal acknowledgment of the case. 

This resulted in the court permitting alternative methods of service, including email, as well as physical notices sent to addresses associated with his relatives and partner. Despite these measures, Keighin failed to respond in court, prompting Nintendo to file for a default judgment.

Rather than pursuing the maximum statutory damages allowed, which could amount to over $1.5 million, Nintendo is requesting $17,500. This sum accounts for $10,000 for copyright infringement, alongside damages tied to violations of the DMCA ($5,000 for circumvention of technological measures and $2,500 for trafficking circumvention devices). 

Nintendo views these reduced damages as sufficient to deter similar activities by Keighin and others.  

Additionally, the company is seeking a sweeping permanent injunction. If granted, the injunction would prevent Keighin from engaging in future infringement—including using emulators or hacking tools to bypass protections on Nintendo games and consoles.