The man who Nintendo sued for $1.6 MILLION

The Case of James Burt and the New Super Mario Bros. Wii Leak

This video details the legal repercussions faced by James Burt, an Australian gamer, after he leaked the game "New Super Mario Bros. Wii" online before its official release.

Background: "New Super Mario Bros. Wii" Release Strategy

Nintendo's release strategy for "New Super Mario Bros. Wii" in 2009 was unusual. Instead of a simultaneous global launch, Australia was set to receive the game first on November 12th. This was followed by releases in America, Europe, and finally Japan, where the game was developed. This made Australia the first region to get the game.

James Burt's Acquisition of the Game

James Burt, a 24-year-old avid gamer living with his parents, was keenly aware of the release date. On November 6th, a full week before the official launch, Burt discovered that "New Super Mario Bros. Wii" was available for purchase early at a large Australian retailer. He purchased the game, becoming the first person outside of Nintendo to own it.

The Leak and its Aftermath

Upon returning home, Burt discussed his early acquisition on online gaming forums. According to his father, Burt was pressured by other forum members to "upload the files" to prove he had the game. Burt eventually succumbed to this pressure and uploaded the data from his game disc.

While Wii games had copy protections, forum members managed to bypass them within a day. Within five days, approximately 50,000 people had downloaded and played "New Super Mario Bros. Wii" before its official release.

Nintendo's account differs slightly, suggesting Burt proactively messaged forum members and sent them the data to gain popularity, rather than being solely pressured. The video acknowledges that both accounts are biased and the truth likely lies somewhere in between.

Nintendo's Investigation and Legal Action

Nintendo employed "sophisticated technological forensics" to identify the individual responsible for the leak. Before a month had passed, they obtained a Federal Court search order to search Burt's home. During the search, they seized property, likely including his computer, which served as further evidence.

Burt was subsequently brought to Federal Court for breaching Australia's Copyright Act. The case was straightforward, with Burt's guilt being evident. The legal proceedings concluded within four months.

Settlement and Penalties

The settlement ordered James Burt to pay Nintendo 1.5 million Australian dollars in damages to compensate for lost sales revenue. Nintendo stated this sum was to "recuperate the lost sales Nintendo could’ve made."

In addition to the damages, Burt was also required to pay Nintendo's legal fees, amounting to $100,000. Furthermore, he was prohibited from publicly commenting on the case.

Burt's father defended his son, attributing his actions to "peer pressure on the internet forums and the blog sites" and emphasizing that it was done "with no malice or intent to make money."

A Bizarre Footnote: The Ganon Statue

Three years after the lawsuit, James Burt posted on Reddit revealing that Nintendo had gifted him a Ganon statue. He received a call from his local EBGames informing him he had won it, with no specific reason provided. Burt expressed gratitude for the gift and stated he still loved Nintendo despite being sued.

Commentary and Conclusion

The video's narrator expresses a personal opinion that suing an individual for such a large sum is "immoral," acknowledging that while piracy is a crime, no one was harmed, and the game ultimately sold over 30 million copies. The narrator highlights that $1.6 million is a life-changing amount for most individuals.

Despite the severe consequences, James Burt appears to have moved on positively, starting multiple online gaming blogs and not exhibiting bitterness. The narrator suggests aspiring to Burt's resilience, excluding the piracy aspect.

Key Concepts

• Copyright Infringement: The act of violating the exclusive rights granted to the copyright holder of a work.
• Digital Forensics: The application of investigation techniques to gather and preserve evidence from a particular digital storage medium in a way that may be used in a court of law.
• Settlement: An agreement reached between parties in a lawsuit to resolve the dispute without a full trial.
• Damages: Monetary compensation awarded to a party for loss or injury.
• Peer Pressure: Influence exerted by a peer group that encourages an individual to change their attitudes, values, or behaviors to conform to group norms.