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firebush03 said:
JWeinCom said:

They sent several dmca and cease and resists. They tries to get him to stop without any financial penalty. How much more sympathy should they have?

To represent everything you just said in a different manner: Nintendo sent a series of DMCA strikes on his streams (which featured pirated, unreleased content), to which EGG would respond via emailing Nintendo with a ballsy taunt. Nintendo then decides to crush him financially with a lawsuit.

Had he not sent the email, it's very likely there would be no lawsuit; hence, this entire case stems from one dude typing up a stupid email. Making an example of somebody, and thereby threatening their livelihood, all over a single email...how can you not say Nintendo is void of any level of human regard in this instance? You do realize this person's life has potentially been ruined over this? Hundreds of thousands gone due to legal fees (maybe millions if he loses)...that's more than the average American makes over twenty years.

("oh but he also streamed pirated Nintendo games?? That's a good reason for him to have been financially annihilated!! You forgot that part!! :)" yeah no, sorry, that's not a good excuse to ruin somebody's life.)

Do you honestly believe Nintendo was more upset that he was mean to them, than the fact that he was pirating and streaming their games? Lol. No. And, by the way, he sent the email to their legal team. I can pretty much promise you that they don't care that some dude was mean to them, and would much rather have not filed the lawsuit. It's a pain in the ass. 

A cease and desist letter is literally a warning that if you keep doing what you're doing, you're going to get sued. So, when he said he wasn't going to cease and desist, then they sued him. Don't think it would have mattered if he was more polite about it. 

The entire premise of tort law is that if you cause damage to someone, you have to, as much as possible, undo that damage. If he caused Nintendo 7.5 million of damages through his intentional actions, then yes, he should be liable for that. Especially when Nintendo gave him DOZENS OF OPPORTUNITIES to just stop. Are they supposed to just keep asking him nicely while they lost money? Should they have baked him a cake that had "pwetty pwease stop pirating us matey" written in frosting? What exactly should they have done differently?

And, lets remember, this dude was 38 effin years old. It's not like he's some kid who made a silly mistake. He is old enough to be held accountable for his actions. Nintendo is not ruining his life, he's ruining his life by being a dumbass. But, hey, at least he got a lot of internet points for a while. 

Last edited by JWeinCom - on 13 November 2024