$1.8m fine for Super Mario pirate

Last updated 09:11 10/02/2010
Opinion poll

Is a $1.8m fine fair for uploading a game to the internet?

It's too low

It's just right

It's too high

Vote Result

Relevant offers

Games

Australian studio behind Crossy Road reboot Pac-Man with 256 Glitch Choose your own Cabin in the Woods in Until Dawn Kiwi video games industry sees 30 per cent increase in jobs Former Witcher 3 developers working on Thief-inspired Seven Fallout's Vault Boy is looking for love on Tinder Fan-made Resident Evil 2 canned; Capcom invites creators to work on official remake Disney Infinity creators have faith in Force Awakens edition Big Hero 6 joins Kingdom Hearts III Rare Replay: Comprehensive collection puts retro-gaming in perspective Another 'review' links violent video games and aggression

A Queensland man will have to pay Nintendo A$1.5 million (NZ$1.8 million) in damages after illegally copying and uploading one of its new games to the internet before its release, the gaming giant says.

James Burt, 24, will pay Nintendo A$1.5 million 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 before its official Australian release last November.

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 country's Federal Court forcing Burt to disclose the whereabouts of all his computers, disks and electronic storage devices in November.

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 A$100,000, the Federal Court in Melbourne ordered on January 27.

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

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 were thousands and thousands of downloads, at a major cost to us and the industry, really."

Ad Feedback

- AAP

Special offers

Featured Promotions

Sponsored Content