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Forums - Nintendo Discussion - Streamer EveryGameGuru who taunted Nintendo faces $7.5M lawsuit for pirated Switch games

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If you play with fire, sooner or later you'll get burned.
It's common knowledge that piracy is illegal, yet he chose to do it anyway, he has nobody to blame but himself.
Take things that don't belong to you and there are consequences.



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Well deserved.

I don't like Nintendo's anti-consumer litigatory behavior at the best of times, as they have attacked art, mods, fan efforts, videos and what can be regarded as "public domain". - But need to give them props for this.



--::{PC Gaming Master Race}::--

curl-6 said:

If you play with fire, sooner or later you'll get burned.
It's common knowledge that piracy is illegal, yet he chose to do it anyway, he has nobody to blame but himself.
Take things that don't belong to you and there are consequences.

And, thanks to the taunting, he can’t even play ignoramus on this one… just plain idiot.



I describe myself as a little dose of toxic masculinity.

Jumpin said:

Piracy laws need to be enforced a lot more strictly, or people are just going to keep doing it.
I hate the idea of these entitled jackasses who illegally undermine the market and those of us who actually pay for the product.

In the real world people do that anyway. I'm frankly more annoyed by people who don't keep their mouth shot when pirating games, like this dude.



Ei Kiinasti.

Eikä Japanisti.

Vaan pannaan jalalla koreasti.

 

Nintendo games sell only on Nintendo system.

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

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JWeinCom said:

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. 

"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." Having looked a bit more into the case, it is very obvious EGG is not the brightest. Nintendo had issued many cease-and-desist letters spanning several years, and yet, he continued to poke and prode. That being said, recall that I did state (in my initial comment) how this was a classic example of "hubris before the fall": Yeah, he had it coming, but that's irrelevant to what we're talking about b/c I'm arguing the morality of Nintendo "slamming their fist" with a heavy lawsuit on an working class individual.

"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?" Nintendo responded to a taunt. After years of cease-and-desist letters, I do believe EGG's email was the "straw that broke the camel's back". Do you have any reason to completely dismiss this theory? Your comment here sounds as though you believe the possibility of EGG's email bearing any responsibility in pushing Nintendo to finally file their lawsuit is proposterous. Why is this? In any case, again, it doesn't really matter the reason Nintendo has filed the lawsuit for it is irrelevant to my overall point, which is -- as i had stated in the previous paragraph -- arguing the morality of Nintendo "slamming their fist" with a heavy lawsuit on an working class individual.

"If he caused Nintendo 7.5 million of damages through his intentional actions, then yes, he should be liable for that." His audience of 15 followers barely cracked $1,000 in damages, if we're gonna be honest here Lol. Though even if he did cause this much damage, I don't believe in "eye-for-an-eye & tooth-for-a-tooth", esp not in instances where such an obvious power imbalance exists. Nintendo is a multitrillion yen business, EGG is a small streamer. My belief in "justice" for Nintendo in this situation would be $5,000 for each instance which EGG promoted this piracy services...you have to be out of your mind to think $750,000 is justice. That's simply just an abuse of power.

"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." Here's a sociopolitical/philosophical response: Everybody makes mistakes. Teenagers, college students, middle-aged folk, elderly. Nobody deserves to have their life ruined, no matter the crime (unless we’re talking war crimes and such). I do not believe vengeance is justice, rather mercy is best. Institutionalization (for mental health) for [X] years works wonders, small fines also work fantastic, and is all far better for society than destroying somebody's entire life. Just my belief.

Last note: I'll try to avoid responding any further on here. I feel I may be derailing the conversation w/ my unpopular opinion (and defending of such opinion) Lol. For further responses, I address you via PM. Feel free to respond in here! I'll just take my response to PM. :)

Last edited by firebush03 - 6 days ago

firebush03 said:

"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." Here's a sociopolitical/philosophical response: Everybody makes mistakes. Teenagers, college students, middle-aged folk, elderly. Nobody deserves to have their life ruined, no matter the crime. Doesn't matter if it's mass murder or whatever you come up with: I do not believe vengence is justice, rather mercy is best. Institutionalization (for mental health) for [X] years works wonders, small fines also work fantastic, and is all far better for society than destroying somebody's entire life. Just my belief.

Sorry to intrude on the discussion, but you are so wrong in so many ways by saying this that I don't even know how to respond.... 

Last edited by Shikamo - on 13 November 2024

     


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firebush03 said:

Nobody deserves to have their life ruined, no matter the crime. Doesn't matter if it's mass murder or whatever you come up with: I do not believe vengence is justice, rather mercy is best. Institutionalization (for mental health) for [X] years works wonders, small fines also work fantastic, and is all far better for society than destroying somebody's entire life. Just my belief.

I've got questions about a lot of what you said, but I'll restrict myself just to this passage. So, just to be sure I understand you correctly, if a gang leader or mob boss sells drugs, traffics kids, and guns down a dozen people for opposing his organization, but he isn't clinically insane, just completely immoral, it would be morally wrong to lock him up in prison. He should be able to just pay a fine?



psychicscubadiver said:
firebush03 said:

Nobody deserves to have their life ruined, no matter the crime. Doesn't matter if it's mass murder or whatever you come up with: I do not believe vengence is justice, rather mercy is best. Institutionalization (for mental health) for [X] years works wonders, small fines also work fantastic, and is all far better for society than destroying somebody's entire life. Just my belief.

I've got questions about a lot of what you said, but I'll restrict myself just to this passage. So, just to be sure I understand you correctly, if a gang leader or mob boss sells drugs, traffics kids, and guns down a dozen people for opposing his organization, but he isn't clinically insane, just completely immoral, it would be morally wrong to lock him up in prison. He should be able to just pay a fine?

(pm after this msg lol.)

not quite what my point was, though I also didn’t communicate it very well and honestly did misrepresent my belief a bit. To revise what I said: If we’re talking about a mob boss, serial killer rapist, war criminal, etc., yeah those ppl need to be locked up. If we’re talking about individual crimes (i.e. crimes not committed with the assistance of an organization and such), I do believe rehabilitation is far better than punishment. Ppl don’t commit crime for the fun of it, they do it b/c they have hit a point where they feel this is the only means to survive and/or mental health issues. By giving these ppl the help they need, i.e. by tackling the issue at its root, you have a far happier society. There are countries in EU which utilize this rehabilitation-over-punishment approach, and it is very successful (in particular, with getting crime down).



He fucked around and well... I believe he found out.