Super Mario Pirate Appears on AU News Show

February 10, 2010 -

Australian TV news show A Current Affair recently covered the story of the man slapped with a $1.5 million dollar AU fine for pirating Super Mario Bros.Wii.

A reticent James Burt (pictured) himself appears in the piece, saying that the fine will have a “devastating affect” on his life. The 24-year old added, “It’s so easy to get carried away and take part in things you may not agree with.”

Burt admitted that what he did was “very stupid,” and something he would have to “work through for the rest of his life.” Interestingly, a broken street date may have helped contribute to Burt’s eventually piracy, as he stated that he found the game in a retail store over a week before it was to be officially released. Recounting to online friends that he already possessed the game led them to demand proof, which in turn led Burt to make the fateful decision to upload the game to the Internet.

The reporter engages a bit of hyperbole in the report, saying that the decision to upload the game by Burt led to “billions of gamers around the globe” receiving the game free of charge. Immediately following the reporter’s use of “billions,” a Nintendo spokesperson appears and pegs the number of downloads at around 50,000, which still equals a significant loss of revenue for the publisher.

The report uses a $1.6 million dollar figure as what Burt owes, which combines the $1.5 million dollar fine and $100,000 in court costs he must reimburse to Nintendo.

Burt had a few words of wisdom for others in the gaming community, saying “Don’t do what I did.”


Thanks Michael!


Comments

Re: Super Mario Pirate Appears on AU News Show

And yet, if a game sold 50 000 copies it would be considered a total flop.

 

Funny that.

Re: Super Mario Pirate Appears on AU News Show

Copy rights need to be overhauled to reflect us all actually being in the modern age not 100 years ago when all distribution was based on making money off it.... fair use needs to be expanded to allow free distribution(no donations,no ads, no outside money) unless its as big as a retail site(find the biggest well known site and the smallest well know site with traffic equal or greater). Also all copy circumvention(but hacking into severs) needs to be protected as fair use, the properly patented device/properly used copy righted code is not and can not be illicit in any way, shape or form....


Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Super Mario Pirate Appears on AU News Show

For fucks sake can't you understand you marginalize it not get out the fucking boots and stomp on consumers and fans, under 2 conditions,of the above, dose free distribution become illicit thats when distribution happens under profit or profit like circumstances and if a site gets as big as mid to large retail sites big  either way 70-90% of current shearing will remain illicit. Grow up and realize in this modern age you can not control copies(or distribution in its purest sense) without throwing the public to the hounds.


You act as if its free and easy to distribute files...its not..... and this goes beyond files it goes right to the heart of modern blogging and dgital life as well.


Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Super Mario Pirate Appears on AU News Show

I must ask, is this an argument on whether pirating is ok?

"The difference between genius and stupidity is that genius has its limits." -Albert Einstein

Re: Super Mario Pirate Appears on AU News Show

Gellbelly

Trying to define what is harmful "pirating" is and what is nothing more than being a living breathing person in the modern age.

Copy right focuses to much on each instance of distribution and copying thus why digital copying that circumvents copy protection is illegal today no matter the reason.
What I am getting at focus more on who is trying to make a profit and allow fans and critics alike to enjoy the works fully if they can afford to post about it instead of being in constant fear of violating copyright.

You can't  really separate parts of distribution/copying it has to be done in whole parts(thats the way fair use works its vague as so the law of the times no matter how corrupted influences what fair use is) thus why I say you must expand it to be less vague, going after those that try and make any money off any information or file that gains them copyrighted files should be completely illicit its a bit of a gray area now even still. But again my point is lets have it so if you "distribute/copy" on your own dime it is harmless to the system because it is so marginalized and that copy protection circumvention is a protected right regardless and can never be legally banned as it is now currently.


Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Super Mario Pirate Appears on AU News Show

Is there any particular example you have?

"The difference between genius and stupidity is that genius has its limits." -Albert Einstein

Re: Super Mario Pirate Appears on AU News Show

For whitch?


Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Super Mario Pirate Appears on AU News Show

My question is that is there any type of "pirating" that you think isn't really wrong? The super mario pirate, illegally downloading music, something. The other two seem to insist that you find some sort of "pirating" you say is okay.

"The difference between genius and stupidity is that genius has its limits." -Albert Einstein

Re: Super Mario Pirate Appears on AU News Show

Ah ok its quit simple really I think anything that seems like "pirating" that is done strictly not for making any kind of money even paying for distribution should be legal.

 

I say this because posting lyrics ,sciprts ,pictures, sound or video in whole or part is infringement, each time you post online you run the risk of infringing even if it is just words and because of that I think copyright really needs to focus on profit over "copies".


Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Super Mario Pirate Appears on AU News Show

So, to clarify, if I illegally download music with no intention of making money or release a copy of a film on the internet with no intention of making money, it is okay?

"The difference between genius and stupidity is that genius has its limits." -Albert Einstein

Re: Super Mario Pirate Appears on AU News Show

It should be. Now that seems like a crazy train of thought until you realize 70-90% of free sites,free file sharing(mega upload,rapid share,ect)  and even torrent sites and whatever run off of ad revenue they could not function without add revue or donations tied into the download and thus in order to be legal under my train of thought the file needs to be properly licensed in order for it to be legally shared under profit like circumstances. 

 

When there is no drive to make any money from copying/distrobusion then it should be legal.

 


Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Super Mario Pirate Appears on AU News Show

It is a crazy train of thought. Stealing is still stealing, even if you don't have the intention of making money off of what you have stolen. When you distribute copies for free, for every copy given out, you have taken a certain amount of money that would have been made if it had been bought normally. I detest theft, information piracy being one of my pet peeves (Note to self: add that to my pet peeves list on my youtube channel). You're making it so that those who took time to make something don't make any form of money from hard work when they intended to get something. I really can't see much justification for theft, especially information piracy.

"The difference between genius and stupidity is that genius has its limits." -Albert Einstein

Re: Super Mario Pirate Appears on AU News Show

Ah I see like most you do not see the point.

 

The problem is infringement is not stealing(and that is the legal definition not mine), as you can not steal a copy right as the closest thing to stealing a copy right is making money off it. Becuse of that infringement should not remain something vague that requires a tiny bit of effort on the copy right owners side for infringement to be labeled infringement and all infringement be treated as corporate level illicit profit making.

 

As I have said the things you are typing right now could be copy righted and you could be "stealing"(in your words) someones copy right. There are many reasons beyond "oooo free stuff"  CP/IP should be done in a way that dose not block marginalized free shearing. As you have a world market to sell no longer is it just one tiny region, the inspiration and educational factors of any and all information is too priceless to block harmless shearing amongst the world, its like taking the bible or other public domain works locking them up and saying you have to pay this invisible arbitrary thing in order to know it.

 

Oh I put this up on my WP page since its easier to reply to.

http://zippydsmlee.wordpress.com/writing-and-wutbits/random-commentscopy...


Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Super Mario Pirate Appears on AU News Show

It's one thing to make it okay to share what was never intended to profit or was made to be free. Its another to take information and copy it when the profit intended doesn't go to the people who intend to get paid. It's one thing to share information. It's another to copy what is on a physical product, then give it to others when the intention was to make a profit. Not only from the creators, but from those who do sell the physical discs. Pirating is a problem.

"The difference between genius and stupidity is that genius has its limits." -Albert Einstein

Re: Super Mario Pirate Appears on AU News Show

The problem is look out at the current field of current "Pirating" what makes up 70-90% of it? For profit based persons and organizations make up the burnt of it they will remain just as illegal with my train of thought as without, leaving things that should be legal mostly untouched by the powers that be.Otherwise we are going to have to buckle down and

are going to have to change infringement into a minor misdemeanor that stacks into jail time something like an per 

instance of copying(it does not matter what kind of copy it is as all copy is now illegal and all of it should be used to count when you add up fines and jail time) or “distribution”(even lending a copy to a friend can be viewed and used as something that can be counted as well as any post that holds copy righted text or images within it) .

1 instance of copying or “distribution” equates to 20$ fine, once you get to 2,000$ in fines that equates to 24 hours in jail or 1 week of community service.

Either we have a system turely regulates it under law or we have a system where the inane and harmless posting/sharing is made legal, because allowing the courts to judged on the whimsical nature of the courts is bad for everyone, oh and we lost the war on drugs so the war on infringement will be a thousand times worse......


Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Super Mario Pirate Appears on AU News Show

 

So how exactly is uploading a game to 50,000 people a week before use fair use exactly?

However ignoring that how do you propose that game developers make money if distribution games for free became legal? Are we to sit around and hope people donate money to us to continue work?

I do agree copyright needs an overhaul and lasts for too long removing our right to actually make money from our work really isn't the way to go.

Re: Super Mario Pirate Appears on AU News Show

Oh, it's worse than that.  A while back, I asked Zip what he thought about me somehow managing to email my entire song library to everyone in the world.  I have almost a Tb of songs.  He thinks it should be perfectly legal for me to email that whole thing to 6 billion people, "because you're ideas don't really belong to you."

---

You KILL Vampires. You don't DATE them.

--- With the first link, the chain is forged.

Re: Super Mario Pirate Appears on AU News Show

Zip, every time this comes up, you post this same crap.  If you feel so strongly about this, try running for office.  We'll see how far you get saying songwriters, book writers, game makers, movie studios and other media producers don't deserve to be paid for what they make.

---

You KILL Vampires. You don't DATE them.

--- With the first link, the chain is forged.

Re: Super Mario Pirate Appears on AU News Show

"a Nintendo spokesperson appears and pegs the number of downloads at around 50,000, which still equals a significant loss of revenue for the publisher"

Does it?. I doubt that most of the people that have chipped their console buy many games, and anyone that has chipped the console and buys games will buy it anyway despite downloading it.

On the other hand, Nintendo has destroyed the life of this poor idiot (because that's what he is). A rapist can do his time and rebuild his life. Even a murderer gets a better sentence. This guy will be in debt for all his life.

Re: Super Mario Pirate Appears on AU News Show

Maybe that's why he's appearing on news shows and the like. Maybe he gets paid for his appearance and Nintendo loves it. Him being made an example out of and being laughed at for idiocy can serve as a detriment to future uploaders.

 

Re: Super Mario Pirate Appears on AU News Show

My prediction, it won't be a detriment at all. If DRM doesn't work ,this won't either.

Re: Super Mario Pirate Appears on AU News Show

The guy was wrong to do this, and Nintendo is wrong to demand such a rediculous sum.

Re: Super Mario Pirate Appears on AU News Show

Ouch! And I'm not talking about the 1.6 million, but the fact that he and his family were subject to being on ACA. You'd think he'd tell his story via a real news outlet with some journalistic integrity.

Re: Super Mario Pirate Appears on AU News Show

Price seems fair, but I have no idea how he'll ever get that much money.  Sounds more like scare tatics.

---

I once had a dream about God. In it, he was looking down upon the planet and the havoc we recked and he said unto us, "Damn Kids get off my lawn!"

I once had a dream about God. In it, he was looking down upon the planet and the havoc we recked and he said unto us, "Damn Kids get off my lawn!"

Re: Super Mario Pirate Appears on AU News Show

Well yes, scare tactic is exactly what they are hoping for.  They have no dillusion about actually getting that money and even if they did, it is not that big of a deal for them.

They want to demonstrate that if you are poor, do not commit crimes that effect the rich because they will ruin you.  On the other hand, as various lawsuits have shown, if you are rich, go ahead and commit any crime you like because you can just pay a settlement and that makes you clean.

Re: Super Mario Pirate Appears on AU News Show

It goes away after the fine?  Really?  Cuz I thought that after you become an adult your criminal record remains intact.

I like how you tried to make facing the consequences of your actions some sort of rich person conspiracy.

---

You KILL Vampires. You don't DATE them.

--- With the first link, the chain is forged.

Re: Super Mario Pirate Appears on AU News Show

Oh yes andnothing like making half the worlds populius criminal becuse the trem copy is still so clung too in law...... this is as silly as sodomy laws....


Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Super Mario Pirate Appears on AU News Show

Which is disgusting and sad.

---

I once had a dream about God. In it, he was looking down upon the planet and the havoc we recked and he said unto us, "Damn Kids get off my lawn!"

I once had a dream about God. In it, he was looking down upon the planet and the havoc we recked and he said unto us, "Damn Kids get off my lawn!"

Re: Super Mario Pirate Appears on AU News Show

good to hear the guy admit that he was in the wrong, sucks that he needs to pay 1.5 million though

http://www.magicinkgaming.com/

Re: Super Mario Pirate Appears on AU News Show

Great!  It's good to see Nintendo finally making some money off of New Super Mario Bros. Wii!  That pirate really decimated their sales and you can tell - remember, piracy kills game studios!  Maybe Shigero Miyamoto will be able to eat this week!

Re: Super Mario Pirate Appears on AU News Show

"Recounting to online friends that he already possessed the game led them to demand proof, which in turn led Burt to make the fateful decision to upload the game to the Internet."

Gee James, it never occurred to you to upload a pic of yourself with the game and receipt?

 

Andrew Eisen

Re: Super Mario Pirate Appears on AU News Show

Actually, that was the mistake he made. He posted a pic of himself and the other things that gave enough info to locate him. Of course, he then proceeded to upload the actual game as well.

I'm amazed someone a bit younger than I would bother trying to impress teens on the internet by uploading a game they got before street date.

Re: Super Mario Pirate Appears on AU News Show

How many physical copies of the game did Nintendo have produced and how many have been sold?

Nightwng2000

NW2K Software

http://www.facebook.com/nightwing2000

Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Re: Super Mario Pirate Appears on AU News Show

I understand that they surpased Modern Warfare 2 in both plataforms. According with this site, New Super Mario Bros. Wii made 10 millions of units worldwide.

That´s a lot, I guess.

 

Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com

Re: Super Mario Pirate Appears on AU News Show

"Nintendo spokesperson appears and pegs the number of downloads at around 50,000, which still equals a significant loss of revenue for the publisher."

Assuming we're talking US dollars here, the game retails for $50, and $1.5M/$50 =  30000.  Which means Nintendo's actually only assuming that 60% of the alleged downloads translated to lost sales.  That strikes me as a fair assumption.

I'd be one of the 20000 that wasn't a lost sale: I paid for the game (in fact I preordered it as soon as I saw it listed), but later downloaded the ISO because I'd read an article about the Dolphin emulator's ability to play it in 1080p and was interested in checking it out.

Re: Super Mario Pirate Appears on AU News Show

You're such a liar!  Nintendo's said again and again that their target audience doesn't want HD, you just used that as an excuse for STEALING!

Re: Super Mario Pirate Appears on AU News Show

It's not stealing if you already own it.

---

You KILL Vampires. You don't DATE them.

--- With the first link, the chain is forged.

Re: Super Mario Pirate Appears on AU News Show

Acutally under curtrent law you can steal something you already own do to restrictions on transcoding and repalcement of lost or damaged bits of copy righted goods unless you rebuy....


Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Super Mario Pirate Appears on AU News Show

I still don´t know how a company expects that some guy that just uploaded a game on the internet is gonna pay them 1.5 million dollar. The guy didn´t even make a dime of it.

They should come here to Mexico and try to take down real criminals that will defend their pirated software with guns, not some poor loser who just did for the lulz.

Surely, Mr. Miyamoto will get a new pool made of gold this year, right, Mr. Miyamoto?

"I PWND you!lololololol"

My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com

Re: Super Mario Pirate Appears on AU News Show

Maybe the idiot shouldn't have pirated it.  He could have, you know, just brought the game to his friends house to prove he had it, not post it on the internet for a crapton of people to steal it.

---

You KILL Vampires. You don't DATE them.

--- With the first link, the chain is forged.

Re: Super Mario Pirate Appears on AU News Show

I believe you mean "1.5 mirrion dorrar."

-Optimum est pati quod emendare non possis-It is best to endure what you cannot change-

-Optimum est pati quod emendare non possis-It is best to endure what you cannot change-
 
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