AfterDawn: News

Pre-release pirate to pay $1.5 million in damages

James Burt of Queensland, Australia has agreed to pay Nintendo $1.5 million in damages as compensation for lost revenue caused when Burt uploaded a game before its official release date.

Burt made New Super Mario Bros. for Wii available online in early November, one week before its official Australian street date. As is the case in most countries, distributing games without permission is illegal and carries a hefty fine.



Rather than head to court, Burt and Nintendo settled and came to the $1.5 million figure, which also includes $100,000 to pay for Nintendo's legal fees.

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

Adds Nintendo Australia managing director Rose Lappin: "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. 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."

Written by: Andre Yoskowitz @ 10 Feb 2010 0:11

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• 15 comments

• jony218

  1.5 million is this in US dollars or australian peso's? either way it sounds like alot of "bones" to pay especially for a supermarios game.

  10.2.2010 00:51 #1

• biglo30

  Yeah that really sucks especially since we know that he doesn't even have the money to even pay for it. Should have released it after the released date I guess, doing it before it was even released is just asking for it. I think these kind of penalties are a little too much thought I think they fine him a more realistic penalty instead of something the guy might only make in his entire life. Whats he going to live off if he paying these guys? Come on those companies are filthy rich. I understand that what he did was wrong and people work hard to create those games and stuff but come on be realistic like it haunt him maybe half his life, not his whole life.

  10.2.2010 01:00 #2

• Hrdrk20

  How does someone agree to pay $1.5 Mill? Does he know that in his lifetime that he'll never be able to achieve that amount, and so just say "ok"?

  10.2.2010 01:00 #3

• slickwill

  This is just a scare tactic that companies are using to deter the masses from taking part in any activities related to this.
  
  The fact that there is an article for the masses to read is proof of this scare tactic.
  
  If someone is thinking, "Oh, if I don't stop sharing things online and using P2P/Torrents, I'm going to get fined, so I'll stop...." Then this scare tactic has worked.

  10.2.2010 01:12 #4

• chris4160

  Originally posted by jony218: 1.5 million is this in US dollars or australian peso's? either way it sounds like alot of "bones" to pay especially for a supermarios game."Peso's"??? Wrong continent mate.
  
  It's stupid how somebody was fined $40,000 for driving somebody to commit suicide. Yet this guy was fined 1.5 million just for releasing a cartoon game early. I didn't know that a human life was more important than a video game.

  10.2.2010 02:45 #5

• eiamhere

  [quotea I didn't know that a human life was less important than a video game.It isn't, money is

  10.2.2010 03:40 #6

• Amak

  This idiot DID release pictures etc. of himself with the game on GBATemp, so he has very little in the way of defence. Good job, dumbass.

  10.2.2010 05:59 #7

• Ryu77

  This figure is outrageous. Yes, I understand that they need to scare potential future offenders from doing the same thing but let's take a minute to do the maths.
  
  Nintendo claims the fine is to recover damages (ie: potentially lost sales)...
  
  Let's say that Nintendo's profit margin for each game sold is $25 (even that I think is very generous), that would require 60,000 downloads for that kind of compensation. Well, let's be more realistic and say if even half of those that downloaded the game would have (if not available for free download) purchased the game, that would now mean that 120,000 downloads would be required to validate that amount of compensation.

  10.2.2010 06:16 #8

• NeoandGeo

  Quote:Originally posted by jony218: 1.5 million is this in US dollars or australian peso's? either way it sounds like alot of "bones" to pay especially for a supermarios game."Peso's"??? Wrong continent mate.
  
  It's stupid how somebody was fined $40,000 for driving somebody to commit suicide. Yet this guy was fined 1.5 million just for releasing a cartoon game early. I didn't know that a human life was more important than a video game.The person who killed them self wasn't profitable.

  10.2.2010 07:59 #9

• xboxdvl2

  it was on the news about 10minutes ago and it said 50000 people had downloaded it.what he did was wrong but $1.5million is way to much.if he hadn't uploaded it someone would of.thats what surprises me sometimes you can go the internet and get games,movies and songs usually the latest ones for free and yet its not everyday someone gets fined.i think they were just trying to make an example out of him.the other thing is a video game retailer sold him the game 5days before its release and didnt get prosecuted.
  

  PS2 with 12 games.

  10.2.2010 08:10 #10

• Hopium

  this is what little p2p wannabe's get lol. if he would have gave the source to someone that knew what they were doing he would have still accomplished the same goal except the whole 1.5mil fine thing,yea

  10.2.2010 10:59 #11

• domie

  1.5 million aussie dollars ? it means nothing - obviously he will never pay it back or he would never have agreed to it , the figure has been arrived at to scare others thinking of doing the same thing and then trumpeted publically in the media, behind closed doors no doubt both nintendo and the idiot know he hasn't got a hope in hell of raising even 10% of that amount. Shows that both he and Nintendo are both dumb asses if they really expect us to believe that some kind of plan is in place to pay back that amount of money , unless he prints it himself.Don't insult our intelligence Nintendo Super Exec A-holes please !

  10.2.2010 16:20 #12

• DVDdoug

  Quote:1.5 million is this in US dollars or australian peso's?
  $1,500,000 AUD = $1,335,000 USD = €975,000 EUR
  
  
  Quote:How does someone agree to pay $1.5 Mill? Does he know that in his lifetime that he'll never be able to achieve that amount, and so just say "ok"? Is that true? Do you know if the guy is a millionare or not???
  
  "...has agreed to pay", implies that he has the ability to pay, but I don't know anything about the case. Maybe he is very well off, or maybe he "accepted the judgement" without actually agreeing to pay???
  
  If I agree to do something I cannot possibly do, that's fraud!

  11.2.2010 14:10 #13

• pmshah

  Quote:Originally posted by jony218: 1.5 million is this in US dollars or australian peso's? either way it sounds like alot of "bones" to pay especially for a supermarios game."Peso's"??? Wrong continent mate.
  
  It's stupid how somebody was fined $40,000 for driving somebody to commit suicide. Yet this guy was fined 1.5 million just for releasing a cartoon game early. I didn't know that a human life was more important than a video game.Your sarcasm is lost on me! Surely you meant "less important" and not "more important".

  20.2.2010 01:42 #14

• peluynati

  i'm curious were did he get it to start with, and what would've happened if he upped it after the release date?

  27.2.2010 15:20 #15