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Fix the driver behind crashes, sound loss and screen glitchesFind Drivers →Clear out junk files and repair common Windows errorsFree Scan →Nintendo sued Colorado streamer Jesse Keighin, who used the name EveryGameGuru, over alleged streams of unreleased Nintendo Switch games and links to circumvention material. A magistrate judge recommended $17,500 in statutory damages and a narrower injunction than Nintendo requested; later reporting said the court ordered the payment. The key distinction: the streaming claims began as Nintendo’s allegations, not findings after a contested trial.
Why did Nintendo sue EveryGameGuru?
Nintendo of America filed suit in the U.S. District Court for the District of Colorado against Keighin, alleging that he streamed pirated Nintendo Switch games before release and directed viewers to emulators, game ROM repositories and cryptographic keys. Nintendo said he streamed at least 10 unreleased games on at least 50 occasions. Those figures come from Nintendo’s complaint and motion; they were not established at a trial where both sides contested the merits.
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One example cited in the filings was Mario & Luigi: Brothership. Nintendo said Keighin streamed the game on October 22, 2024, 16 days before its November 7 release. The court recommendation recounts Nintendo’s allegation; it does not turn that account into a contested-trial finding. The complaint and related motion are available through the court materials in TorrentFreak’s report on Nintendo’s motion.
What happened in the case?
- October 22, 2024: Nintendo’s filing says Keighin streamed Mario & Luigi: Brothership before release.
- November 2024: Nintendo sued, alleging unauthorized streams across multiple platforms, takedown activity and promotion of circumvention links. TorrentFreak’s report on the complaint also attributes to Nintendo’s filing a letter in which Keighin allegedly claimed he had “a thousand burner channels” and “can do this all day.” The quote is an allegation reported from the complaint, not a statement authenticated by the judge.
- April 18, 2025: Nintendo filed a motion for default judgment, repeating its allegations and requesting remedies.
- October 3, 2025: Chief Magistrate Judge Scott T. Varholak recommended granting the motion in part and denying it in part.
- October 31, 2025: Nintendo Life reported that the court ordered Keighin to pay $17,500.
Did Nintendo win, and how much does the streamer have to pay?
The October 3 document was a magistrate judge’s recommendation, not itself the final judgment. It recommended $17,500 in statutory damages and an injunction focused on infringement and trafficking in circumvention technology. Later, Nintendo Life reported that the court ordered Keighin to pay $17,500. It reported the amount as $10,000 related to streaming Paper Mario: The Thousand-Year Door, plus $500 for each of 15 other violations; that allocation is secondary reporting here.
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The recommendation explains its procedural context: because Keighin was in default, the court treated the complaint’s allegations against him as true for purposes of deciding the motion. That is different from a trial that tests disputed evidence with both parties litigating the merits. The recommendation itself says the motion should be “GRANTED IN PART and DENIED IN PART.” The court recommendation and motion materials describe the recommended relief.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What did the recommended injunction cover—and leave out?
The recommendation proposed an injunction against infringing Nintendo’s copyrighted works, including streaming them, and against trafficking in Switch emulators, Nintendo cryptographic keys or other circumvention technologies. It did not accept every restriction Nintendo sought.
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- No third-party injunction: The complaint did not allege that Keighin acted in concert with a third party, so the judge found no basis for an order binding third parties.
- No broad device-destruction order: The requested destruction provision did not identify the covered devices with reasonable certainty. The recommendation noted that the technologies at issue could be available online and that a device capable of connecting to the internet might have been used.
This case concerns the allegations and relief in one lawsuit. It should not be read as establishing a general rule that all emulation or game streaming is unlawful, or that platforms hosting streams are liable.
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