Skip to main content

Man Fined $1.5M for Leaked Mario Game Upload

An Australian man must pay $1.5 million in damages for copying and uploading Nintendo's New Super Mario Bros for the Wii console a week ahead of its November release. James Burt, 24, of Sinnamon Park in Queensland, agreed to pay the fine in an out-of-court settlement last month. Burt will also be required to pay Nintendo's $100,000 legal bill.

The details on how Burt was caught it somewhat scarce. Nintendo said Tuesday that it used "sophisticated technological forensics" to track down the ripped game once it hit the Internet. "Nintendo will pursue those who attempt to jeopardize our industry by using all means available to it under the law," the company said.

Nintendo presented the evidence to the Federal Court and was granted a search order for Burt's residence in November. Burt was forced to reveal the location of all computers, storage devices, and disks. Burt was also ordered to reveal account information to all social networking sites, websites, and email accounts.

"It wasn't just an Australian issue, it was a global issue," said Nintendo Australia managing director Rose Lappin in a statement to The Sydney Morning Herald. "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."

There was no indication on how Burt copied and uploaded the game before its commercial release.

  • Good for Nintendo. From someone in the industry, it's nice to see some justice with stuff like this
  • rodney_ws
    Sweet Jesus! This makes the Gestapo sound like a bunch of 4th grade hall monitors.
  • danish_2828
    Glad to see they didn't blame the ISP
  • mrcmark
    1.5 million, I wondering how the hell i can get that kind of money.
  • Jazzmain
    Nintendo.... people play that system still...
  • djackson_dba
    rodney_wsSweet Jesus! This makes the Gestapo sound like a bunch of 4th grade hall monitors.
    Um... the Gestapo killed and tortured people. Hardly a good comparison. If you had money invested in something or if you had money in the bank and someone took it from you, I'm betting you would not be as charitable.
  • necronic
    1.5 mil does seem a bit ridiculous in terms of quantity. Jail time for grand theft makes more sense to me. Still though, glad to see the 'rats getting prosecuted.
  • Vampyrbyte
    Ryan is watching you!
  • sublifer
    The details on how Burt was caught it somewhat scarce.
    Easy, though they may be trying to keep it a secret... pre-release games have a digital hash. Each reviewer or point in the supply chain gets a copy with a different digital hash, this way they can track leaks and know who leaked it.
  • sliem
    Good. Weed out stupid pirates. What remains is not-stupid pirates.