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    Shy Mario Bros Wii Pirate Fined $1.5m

    on 10.02.2010 at 19:48 User Icon Posted by Jorge B (jb) Number of Comments Comments: 41 Number of Reads Reads: 32380
    Tag Tags: New Super Mario Bros Wii, Australia, Pirate, Mario Bros Pirate, Wii Torrent, Wii Download, Wii Pirate Fined
    Pirates may have their illegally downloaded copy of New Super Mario Bros. Wii, however their captain has been fined $1.5 Million in damages.

    Back in November last year an Australian chap Burt, 24, leaked a copy of the game he'd accidentally been able to purchase a week ahead of its launch, illegally online. It didn't work initially, however hackers were able to adjust files to work with homebrew systems.

    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 23rd 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.

    After raiding the poor chap's home and gathering evidence, courts have ordered him to pay $1.5 million ($1.3 million USD) to Nintendo for loss of revenue.

    According to Digital Life, his father states that he is a "shy gamer trying to proove a point to friends". Nintendo however are adamant that Burt was trying to be accepted by a dangerous hacking group.

    It was peer pressure on the internet forums and the blog sites that led him to do a very very silly thing to prove that he'd actually managed to purchase a game before its release date.

    What do you think of the move - should piraters really be fined that much, even if he purchased the game legally?

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    Justice (guest)

    +1

    Reply Quote  #1

    Guest User

    I think the 1.3 million dollar fine is too high.
    I think a 2 month prison sentence is a better punishment.
    If he chooses not to go directly to jail, then the fine is $1,300,000 dollars.
    If you cannot do the time, do not do the crime.
    on 10.02.2010 at 20:23
      
    Xenobladed
    Number of comments 2723

     L77 K.K. Slider

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    His excuse just doesn't work, he could have just filmed himself playing for the same proof.

    I hate folks like these. It makes real homebrewers look bad.
    Please give our little random review show a try;
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    on 10.02.2010 at 20:29
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    ò_Ô
    Number of comments 1594

     L63 Shiek

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    sophisticated technological forensics
    Smilie Nintendo read the forum where he posted pictures of his illegal game. How sophisticated is that?

    $1.5 million is a lot, I don't think it works like that.
    on 10.02.2010 at 21:14
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    Guest (guest)

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    Reply Quote  #4

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    Hopefully they'll let him pay bit by bit. Especially in this economy.
    on 10.02.2010 at 21:36
      
    Review, after review, after review. Fun-Fun!
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     L42 Wizzrobe

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    Well, he's a stupid kid that wasn't raised properly. Basically, it's the parents fault for not teaching him that stealing is wrong, which he did by posting a ROM of the game for anyone to download.

    There is a reason for laws, and this is it.
    on 10.02.2010 at 21:41
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    Cruel One (guest)

    -1

    Reply Quote  #6

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    I think he should have cruel and unusual punishment. How about sex with mario or bowser?
    on 10.02.2010 at 22:57
      
    jb

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    Reply Quote  #7

    Soon we can comment on this ya!?!
    Number of comments 15682

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    Definitely don't think he should be forced to pay that ridiculous sum of money - he didn't steal the game as a tester/inside-job, but got it early from a retailer.

    Something like $1/2,000 would be far more appropriate

    He didn't flog the game for profit or make fake copies etc - sure he shared the rom with others, but demanding a huge sum of money from a person is just ridiculous.
    on 10.02.2010 at 23:20
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    Xenobladed
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    EdEN said:
    Well, he's a stupid kid that wasn't raised properly. Basically, it's the parents fault for not teaching him that stealing is wrong,


    At 24, Id say its his own fault.
    There's only so much you can blame your parents for.

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    on 10.02.2010 at 23:21
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    (◡‿◡✿) sonicisfast@live.co.uk (◡‿◡✿)
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    At 24, I'd say Nintendo and the "kid"'s father are being hilariously patronising about everything Smilie

    very very silly thing

    You hear that Burt? Say sorry.

    Also, what a ridiculous sum of money. It really is all about cash with Nintendo isn't it? Haven't they gotten enough money out of this under-one-year-development-cycle-fest as it is?

    One day I will be a real life anime.
    on 10.02.2010 at 23:24
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     L81 Chun-Li

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    How do they expect him to pay that much? Smilie
    on 11.02.2010 at 01:24
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    wdfowty (guest)

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    Reply Quote  #11

    Guest User

    buying the game wasn't the issue, it was the fact he leaked it. pirates do this all the time and get away with it. it's just getting harder to not leave a trail these days. back when modern warfare 2 came out (around the same time this all happened with mario bros...) they tracked down one guy in miami and busted him for leaking it early.

    these kids were stupid, talking about it on forums (and facebook for the latter). you'd think discretion would be the name of the felony game...

    anyways, 1.5m is rediculous. ludicrous i say. lol
    on 11.02.2010 at 01:27
      
    Sore wa yuki ga futte iru
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    But that ROM could be downloaded thousands of times costing millions of pounds/dollars/whatever in the whole industry, hence, the hefty sum.

    But really, he should be made to work for Nintendo to work it off, maybe working in the anti-piricy department as some sort of ironic punishment.
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    on 11.02.2010 at 01:58
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    PMD

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    Reply Quote  #13

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     L41 Zola

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    So... is it "prove" or "proove"? The article uses both.
    on 11.02.2010 at 02:26
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    EdEN

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    Reply Quote  #14

    Review, after review, after review. Fun-Fun!
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     L42 Wizzrobe

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    Just Legal Fees are $100,000. When you add all the copies downloaded (about 50,000 in 5 days), multiply by $50 (plus tax) and then add how the downloaded copies could theoretically have been re-distributed after that... well, $1.5m doesn't even come near it. NSMBWii sold 200,000 copies in Australia in almost 2 months. Add 50,000 copies to that and it sure is a bigger number for Nintendo.

    ( Edited 11.02.2010 21:38 by EdEN )
    on 11.02.2010 at 02:35
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    Justice (guest)

    +2

    Reply Quote  #15

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    I posted earlier. I think many members here do not understand that in Australia, just like the United States, the actual amount is not what is really paid. It is just a number that always drops probably 90% with appeals and after bankruptcy is declared. I am not a lawyer, but I will not be surprised if he only pays $15,000 or less of that $1,300,000. I do not have any empathy because he knew he was committing a crime and did not care and was dumb enough to brag about it.
    Survival of the fittest?
    on 11.02.2010 at 04:56
      
    is currently watching The Best of Smackdown 10th Anniversary 1999-2009
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    The sum is due to lost sales that could have been made if the game had been bought not downloaded. Nonetheless how can they expect one indivdual to pay this sum.

    How about imposing a court order where he could never play ANY video game of any kind, ever AGAIN!

    Now that would be mean. Smilie
    on 11.02.2010 at 05:07
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    Keven

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    Reply Quote  #17

    Sandwiches
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     L80 Dark Link

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    Like Nintendo needs anymore money! Smilie


    The former top user was Keven!

    You'd probably give birth to yourself 1000 times over until you sprout wings to fly away into the fading sun, that or you'd just turn into a lesbian. Who knows @_@ - L, 12/06/09
    on 11.02.2010 at 06:31
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     L34 Keese

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    That maybe alot of money but I got one complaint that isn't about the money issue:

    For a Nintendo site, there seems to be a whole lot of Nintendo attackers who throw punches at them......maybe its a SEGA forum under disguse... o_O


    Mario, Mega Man and Rayman FTW!!!
    on 11.02.2010 at 07:29
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     L21 Shy Guy

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    Yeah obviously he won't end up paying the full 1.3 million, so it's not as harsh as it seems. You really can't call this guy a kid. I'm 19, and I know that if I do something stupid, I'm gonna pay for it just like any other adult. He's a grown man that committed a really silly crime.
    on 11.02.2010 at 09:35
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    Keven

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    Reply Quote  #20

    Sandwiches
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    SuperShyGuy62 said:
    For a Nintendo site, there seems to be a whole lot of Nintendo attackers who throw punches at them......maybe its a SEGA forum under disguse... o_O

    It's tough love. Underneath it all, we're hardcore fans, but we voice our opinions quite openly. Smilie


    The former top user was Keven!

    You'd probably give birth to yourself 1000 times over until you sprout wings to fly away into the fading sun, that or you'd just turn into a lesbian. Who knows @_@ - L, 12/06/09
    on 11.02.2010 at 09:40
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    brittany (guest)

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    Reply Quote  #21

    Guest User

    sorry .. i have never downloaded anything like that because i have the lack of knowledge of doing so . But i feel that this is crazy to charge someone that much. Nintindo wii has enough money to give this gut a mil and not even know it's gone and the poor guy that did this will prob be paying the rest of his life over Mario. i think it's dumb.
    on 11.02.2010 at 11:12
      
    nomad (guest)

    0

    Reply Quote  #22

    Guest User

    How about those people who downloaded the game.

    Send $40 to James Burt, and anyone who has downloaded similar games because we are all guilty of it so why should he alone suffer. on top of that we can tell nintendo "stuff you, if you want profit out of this, we can make profit out of piracy"

    nintendo started this game, lets finish it.
    pass the message on.



    on 11.02.2010 at 11:35
      
    from Boston, MA USA
    Number of comments 433

     L32 Deku Baba

    Online!

    nomad (guest) said:
    we can tell nintendo "stuff you, if you want profit out of this, we can make profit out of piracy"

    They're a business and businesses profit by selling their product, not by people stealing it and uploading copies to the Internet.


    nintendo started this game, lets finish it.
    pass the message on.

    Absolutely not.
    Nintendo didn't start this game. The guy who copied and uploaded the game did.

    I encourage everyone to down-vote this confused individual who we'll probably see on the news soon, after Nintendo sues him for trying to profit from piracy.

    ( Edited 11.02.2010 07:30 by Sonic_13 )
    on 11.02.2010 at 12:30
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    Q: What do you think of the move - should piraters really be fined that much, even if he purchased the game legally?

    A: Nope, since unless he's super-rich there's really no way that he'll be able to pay off 1.5million. The sum itself is not the point, and Nintendo know this, the point is to scare everyone else with a massive fine that very few people on Earth could ever dream of repaying.


    Conclusion: Just don't upload anything illegal yourself. It's a bit like drugs - so many people do it that punishing everyone is impossible. So they go after the dealers, whom without nobody else could commit the crime, and also because 'dealing' in contraband (as opposed to just possessing it) is viewed in a very dim light (much more so than possession), they are more able to prosecute these people.

    If you're one of those who downloads this sort of thing - I wouldn't worry. Just never upload anything.

    ( Edited 11.02.2010 08:26 by Martin_ )
    on 11.02.2010 at 13:24
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    (◡‿◡✿) sonicisfast@live.co.uk (◡‿◡✿)
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    SuperShyGuy62 said:
    For a Nintendo site, there seems to be a whole lot of Nintendo attackers who throw punches at them......maybe its a SEGA forum under disguse... o_O

    Why would it be a SEGA forum? SEGA don't make consoles anymore. Smilie
    But even so, don't worry as I frequent a SEGA forum and constantly throw punches at them on that site.

    One day I will be a real life anime.
    on 11.02.2010 at 15:54
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