Nintendo Wins Another Piracy Court Case
Posted by Brad Long
Massive fine for Mario bootlegger
Nintendo have won a court case where they took action against the James Burt, an Australian who illegally copied and uploaded for distribution the first pirate copy of New Super Mario Bros. Wii, a whole week prior to its official release in Australia. How was Burt able to get it so early? Well, blame that on an absent-minded retailer putting it on the shelf a week before launch. Whoops.
The result of the court case means the individual will pay $1.5M AUD (around $1.3M USD, or £839K) to Nintendo by way of damages to compensate the loss of sales revenue caused by the act of piracy, as well as $100,00 AUD for court costs.
Nintendo employed the use of technological forensics to identify the individual responsible for illegally copying the file and making it available for further distribution. Nintendo, playing everything by the book, obtained a Federal Court search order of the individual's residential premises, whereupon they discovered property which became crucial evidence against Burt. Allegedly his copy of the game was downloaded by over 50,000 people around the world, although the website holding it has now shut down "out of respect for Nintendo".