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People play online games at an internet cafe - Source: Reuters
A Queensland man will have to pay Nintendo $1.8 million in
damages after illegally copying and uploading one of its new games
to the internet ahead of its release, the gaming giant says.
James Burt, 24, of Sinnamon Park in Queensland will pay Nintendo
$1.8 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 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.
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 $126,324, the
Federal Court in Melbourne ordered on January 27.
Nintendo said in a statement 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," 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."
Lappin said globally the company had a major network against
piracy.
