He literally could have contributed to lost sales from potential buyers watching the games before they were released.
By allowing them to be better informed of what they would otherwise have purchased?
TokenEffort@sh.itjust.works 20 hours ago
Nintendo doesn’t care if you emulate old games on stream.
They do if it’s a live event which I don’t really get. Modded smash bros is just not okay at live events but hacked Mario World was at GDQ.
All that aside these games were not only new, but unreleased. He literally could have contributed to lost sales from potential buyers watching the games before they were released.
If they went after some SMW hacker emulating a three decade old game, sure. But they didn’t.
Eggyhead@lemmings.world 16 hours ago
echodot@feddit.uk 5 hours ago
Well yeah, that will be their argument and legally it’s a good argument.
TokenEffort@sh.itjust.works 7 hours ago
By broadcasting spoilers and making playing the game pointless.
ExtantHuman@lemm.ee 1 hour ago
There’s never a point in playing a game if you can’t beat it the same day it is released, by that stupid argument.
TokenEffort@sh.itjust.works 1 hour ago
When you play a game on release date that wasn’t leaked, spoilers and stuff surface on the internet at an average pace. Players who wait a long time to play the game will have this similar experience.
Leaked content spreads like wildfire as the posters know it’ll most likely be taken down, and well, streisand effect. All communities for the game will be flooded with untagged spoilers before the game is even out. I bet that streamer was basically speedrunning the games to leak as much as possible, which most players who just enjoy the game won’t do.
Either way, the money asked for is a lot, yes, however pirating and broadcasting unreleased games is a very stupid crime.
gamer@lemm.ee 4 hours ago
This argument is nonsense. Why don’t they go after regular review channels and streamers? What difference does it make that the game is streamed before release vs after?
Nintendo isn’t your friend. Every minute you waste defending their honor online can instead be spent finding real friends IRL
TokenEffort@sh.itjust.works 4 hours ago
Before release is before everyone gets a chance at playing it themselves. This person also isn’t a professional reviewer or journalist so their content isn’t beneficial to the consumer either. Before also releases spoilers that will be near impossible to avoid once they’re out. And what’s the point of playing the hot new game if you already know the story?
I call Nintendo my angel of salvation and the mother I never had, but I’m just being realistic. Streaming (actually) pirated new games actually does cause damage. Most likely not as much as Nintendo is suing for, but damages nonetheless.
If they were suing for streaming Super Mario World romhacks, especially in 2025 where SMW is old enough to be a dad or the United States President, and is NOT being actively sold, then yeah, I’d disagree. Even if one were to pull “but it’s on Switch Online” or some silly nonsense.
pivot_root@lemmy.world 19 hours ago
I don’t normally victim-blame, but streaming an unreleased game is really asking for it.
It’s one thing to pirate a game for yourself. That’s just called being poor or being someone who doesn’t believe in copyright. The only party who can argue they’re being harmed is the developer, who may or may not have received a sale otherwise.
It’s another thing to pirate an unreleased game and stream it for others. If you do that and receive ad revenue or donations, you’re profiting off of someone else’s work. Not only that, but you’re also harming the console modding community by incentivizing the developer to go after homebrew developers and emulator developers. It wasn’t a coincidence that shortly after some asshat streamed an unreleased Zelda game, Nintendo came down on Yuzu with an iron fist.
In conclusion, between pirating a game to enjoy yourself and pirating a game to play on a for-profit streaming platform, one of those two things is morally gray and the other is someone being a selfish fuck.
SatanClaus@lemmy.dbzer0.com 16 hours ago
I got banned from Xbox live until year 9999 cause one of the Halo games leaked and I had a modded Xbox. I didn’t play online and I didn’t stream anything. But my account it accrued achievements. And those fuckers are dated. Lol. Connected the ol Xbox 360 back to the internet to watch Netflix a few months later not thinking about it. And RIP lol