Nintendo Software Pirate Must Pay $1.5 Million
Australian individual caught uploading New Super Mario Bros. Wii.
February 9, 2010 - An Australian software pirate caught illegally copying and uploading to the internet game files of New Super Mario Bros. Wii must now pay Nintendo a sum of $1.5 million dollars.
A Federal Court settlement against the individual have resulted in a fine to compensate Nintendo for the loss of sales revenue. New Super Mario Bros. Wii was first made available to illegally download worldwide on November 9, 2009, a week before the title hit retail in Australia. The copying and distributing of software without permission breaches the Copyright Act under Australian law.
The individual was caught soon after the files were uploaded by way of internet tracking software.
Upon the game being uploaded to the Internet, Nintendo was able to employ the use of sophisticated technological forensics to identify the individual responsible for illegally copying the file and making it available for further distribution. On 23 November, 2009, Nintendo obtained a Federal Court search order in respect of the individual's residential premises. This led to the seizure of property from those premises in order to gain further evidence against the individual.
"Nintendo has been working to combat piracy for approximately 20 years. Piracy is a significant threat to Nintendo's business, as well as over 1,400 game development companies working to provide unique and innovative games for the Nintendo platform," the company said in a prepared statement.
"Fewer sales of Nintendo's hardware and software systems means fewer resources that Nintendo, its licensees, developers and publishers have to create and market new video game products which is ultimately to the detriment of video game enthusiasts. When there is a decrease in game development, there is also a decrease in the number of jobs in the industry. The existence of piracy jeopardises the strength of the video game industry overall."