James Burt to pay Nintendo $1.5m for illegal uploading of New Super Mario Bros.

**Pikarya** · 2010-02-09 04:20

http://i45.tinypic.com/nwwtjd.jpg

http://www.theaustralian.com.au/aust...-1225828434339

Originally Posted by Australian

24-year-old James Burt, from Brisbane, will have to pay Nintendo $1.5 million in damages after an out-of-court settlement was struck to compensate the company for the loss of sales revenue.

Nintendo said the loss was caused when Burt made New Super Mario Bros for the Wii gaming console available for illegal download a week ahead of its official Australian release in November last year.

Under Australian law, copying and distributing games without the permission of the copyright holder is a breach of the Copyright Act.

Nintendo applied and was granted a search order by the Federal Court forcing Burt to disclose the whereabouts of all his computers, disks and electronic storage devices in November.

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He was also ordered to allow access, including passwords, to his social networking sites, email accounts and websites.
The matter was settled between Burt and Nintendo last month.

Burt will have to pay Nintendo's legal bill of $100,000, the Federal Court in Melbourne ordered on January 27.

Nintendo said in a statement on Tuesday it was able to trace Burt by using sophisticated technological forensics after the game was uploaded to the internet.

The company said it guarded it intellectual property rights to protect the interests of it consumer, own interests and the interests of game development companies.

"Nintendo will pursue those who attempt to jeopardise our industry by using all means available to it under the law,'' it said.

Piracy was a significant threat to the gaming business and the 1,400 game development companies who contribute to providing games for the company's platform.

Nintendo Australia managing director Rose Lappin said the illegal upload had marred the release of the new game, which Australia was able to get ahead of other countries, which was unusual.

"It wasn't just an Australian issue, it was a global issue. There was thousands and thousands of downloads, at a major cost to us and the industry really,'' Ms Lappin said.

"It's not just about us. It's about retailers and if they can't sell the games then they have to bear the costs associated with that.

"Once it's on the internet it's anyone's really.''

Ms Lappin said globally the company had a major network against piracy.

Well played Nintendo, now get back to pushing Party Babyz II so its on schedule.

**Shojin** · 2010-02-09 04:21

lol owned

**Arnwulf** · 2010-02-09 06:55

Wow that sucks for him, haha

**dejet** · 2010-02-09 08:31

Good. Stuff like this slows games from being released

**Rokku** · 2010-02-09 10:14

Fucking owned lol

**ZarakiKujata** · 2010-02-09 10:15

He shouldn't have copied that floppy.

**antihero** · 2010-02-09 10:18

doin it wrong
http://img641.imageshack.us/img641/4...ind7proxie.jpg

**Kurp** · 2010-02-09 10:22

What do people do when they have to pay that kind of money? He's a gaming shop manager that might make 2% of that in a year.

**Rokku** · 2010-02-09 10:38

Probably something like a structured settlement, I imagine he'll be making payments to Nintendo for most of the rest of his life though.

**Gryffes** · 2010-02-09 10:42

Illegal taping is killing the music industry.

**ZarakiKujata** · 2010-02-09 10:43

Originally Posted by Kurp

What do people do when they have to pay that kind of money? He's a gaming shop manager that might make 2% of that in a year.

I'd imagine its no different than a mortgage like deal.

**Kaisha** · 2010-02-09 11:37

by using sophisticated technological forensics

Am I the only one who laughed out loud at that statement?

**Krazy** · 2010-02-09 11:46

I bet they traced his IP using a GUI.

**Correction** · 2010-02-09 11:52

Originally Posted by Krazy

I bet they traced his IP using a GUI.

written in visual basic

**dejet** · 2010-02-09 11:53

Originally Posted by Krazy

I bet they traced his IP using a GUI.

The system works wonders. It is two steps
1)track noobs online that talk about it and brag
2)hope they give in because theyu can't do anything without you giving them the info

**Katlan** · 2010-02-09 11:57

Dude got owned, I bet he doesn't look that happy now

**BRP** · 2010-02-09 12:22

I was starting to get worried Nintendo wasn't going to make it this year. Thank Tyr there is some truth and justice in this fully corrupt world, so that the little guy can stand a chance.

**Plow** · 2010-02-09 12:51

Originally Posted by Rokku

Probably something like a structured settlement, I imagine he'll be making payments to Nintendo for most of the rest of his life though.

Not sure on Australian bankruptcy laws, but in the U.S. you'd just declare bankruptcy, they'd take whatever they reasonably could right around then, and then you'd just have fucked credit.

**Kaylia** · 2010-02-09 12:55

Why does he have to pay 1.5m$ That's probably 3 time the production cost of mario Wii.

**Lucavi** · 2010-02-09 13:14

Cuz he dun' did wrong.

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