Monster Hunter 3: No Friend Codes Confirmed
We had heard for a little while that the North American and European versions of Monster Hunter 3 would likely not be hampered by Nintendo’s friend codes system. But now, thanks to statements by Nintendo’s sales and marketing EVP, Cammie Dunaway, we can officially confirm this rumor.
During Nintendo’s Q1 Media Summit in San Francisco this week, Dunaway confirmed the lack of a friend code requirement in the upcoming Capcom title for the Wii, stating, “We felt that this was the best way to deliver [Monster Hunter Tri].”
This means that not only will the title have free online play and text and voice-based chat (available through Wii Speak) when it arrives in the U.S. on April 20, but the game will allow you to group with anyone, and evidently, speak with anyone via text or even Wii Speak. Hello annoying 12-year-olds!
So why the exception to the usual rule of “make it free, make it easy, make it safe” in regards to Nintendo’s Wi-Fi Connection service? After all, friend codes were part of the keep it safe idea since they would “create an online environment free of harassment.” Without friend codes in place, I could very well run into this lovely kid.
Dunaway is quoted as saying, “With each title we’ll make the right determination.” So I guess that means if you have a good enough game Nintendo will let you fudge the rules a bit.
But Nintendo’s voice chat has an interesting feature: it’s based on a table top – er, TV top – microphone that picks up every nearby voice in the room. So let’s say a pre-pubescent little foul-mouth gets pissed at me for not killing that massive water-dwelling Lagiacrus and starts throwing out every available curse word in the English dictionary. Not only would his parents likely hear everything I say back, but I would hear everything his parents say him, including any subsequent scoldings and/or beatings. Youtube is going to love this.
I’ll report back in April with my findings on the unhampered voice chat soon to be flooded by Nintendo fans. We’ll see if they behave themselves any better than certain Xbox Live gamers, though I’m not holding my breath.
Source: Gamasutra.
Monster Hunter 3: No Friend Codes Confirmed
We had heard for a little while that the North American and European versions of Monster Hunter 3 would likely not be hampered by Nintendo’s friend codes system. But now, thanks to statements by Nintendo’s sales and marketing EVP, Cammie Dunaway, we can officially confirm this rumor.
During Nintendo’s Q1 Media Summit in San Francisco this week, Dunaway confirmed the lack of a friend code requirement in the upcoming Capcom title for the Wii, stating, “We felt that this was the best way to deliver [Monster Hunter Tri].”
This means that not only will the title have free online play and text and voice-based chat (available through Wii Speak) when it arrives in the U.S. on April 20, but the game will allow you to group with anyone, and evidently, speak with anyone via text or even Wii Speak. Hello annoying 12-year-olds!
So why the exception to the usual rule of “make it free, make it easy, make it safe” in regards to Nintendo’s Wi-Fi Connection service? After all, friend codes were part of the keep it safe idea since they would “create an online environment free of harassment.” Without friend codes in place, I could very well run into this lovely kid.
Dunaway is quoted as saying, “With each title we’ll make the right determination.” So I guess that means if you have a good enough game Nintendo will let you fudge the rules a bit.
But Nintendo’s voice chat has an interesting feature: it’s based on a table top – er, TV top – microphone that picks up every nearby voice in the room. So let’s say a pre-pubescent little foul-mouth gets pissed at me for not killing that massive water-dwelling Lagiacrus and starts throwing out every available curse word in the English dictionary. Not only would his parents likely hear everything I say back, but I would hear everything his parents say him, including any subsequent scoldings and/or beatings. Youtube is going to love this.
I’ll report back in April with my findings on the unhampered voice chat soon to be flooded by Nintendo fans. We’ll see if they behave themselves any better than certain Xbox Live gamers, though I’m not holding my breath.
Source: Gamasutra.
Nintendo Release Dates Galore
Nintendo’s 2010 Media Summit is fully underway, and with it has come a wealth of information on upcoming games and the larger DSi model, the DSi XL. Here is a breakdown of the information from Nintendo’s press release:
- The DSi XL launches March 28 at an MSRP of $189.99. Will be available in both Burgundy and Bronze colors, and comes loaded with the following software: Brain Age Express: Arts & Letters, Brain Age Express: Math and Photo Clock, as well as two free applications: the Nintendo DSi Browser and Flipnote Studio. The system also includes the larger pen-like stylus.
- Super Mario Galaxy 2 launches May 23 for the Wii. Aside from Yoshi, the game will feature a drill that lets Mario tunnel through solid rock.
- Metroid: Other M launches June 27. Nintendo has confirmed that “While much of the game is reminiscent of 2-D side-scrollers, players can switch the perspective into 3-D at any time as they explore the twisting passages of a derelict space station and delve deep into a cinematic, never-before-told story of bounty hunter Samus Aran’s past. This new approach uses a new control scheme in which players use the Wii Remote controller held sideways to battle enemies and navigate the expansive, gorgeous environments in classic Metroid fashion, then aim at the screen with the Wii Remote pointer to blast foes in first-person and hunt the world for clues and hidden passages.”
- Nintendo will publish Dragon Quest IX: Sentinels of the Starry Skies in the Americas some time this summer.
- Monster Hunter 3 (Tri) will launch April 20. Free online has been confirmed, and Wii Speak support has been confirmed as well.
- Sin and Punishment 2, the sequel to the Japanese-only Nintendo 64 title, has been renamed Sin and Punishment: Star Successor. It will launch June 7 and feature international online leader boards.
- FlingSmash is a new Motion Plus-only title for the Wii launching this summer that “will test players’ Wii Remote skills as they bounce a ball-like hero through countless side-scrolling stages, combining the precision of racket sports with the unpredictable fun of pinball.”
- Picross 3D is launching for the DS on May 3 and will offer more puzzles to download via the Nintendo Wi-Fi Connection after launch.
- 100 Classic Books will launch for the DS on June 14 and will be highlighted by 100 works from authors such as William Shakespeare, Jules Verne, Jane Austen, Mark Twain and more. Readers can adjust the size of text, place bookmarks and even download new content via the Nintendo Wi-Fi Connection service.
- Prince of Persia: The Forgotten Sands from Ubisoft will launch May 18 on both the Wii and Nintendo DS platforms. As an added bonus, the Wii version of the game will exclusively include the 1992 Super NES version of the original Prince of Persia game.
- Disney Guilty Party is the official title of the first collaboration between Disney Interactive Studios and its recently acquired studio, Wideload Games. The mystery party game is set for release in the second half of 2010, exclusively for Wii.
- Majesco’s Nintendo DSi exclusive Ghostwire: Link to the Paranormal uses incredible augmented reality technology through the Nintendo DSi Camera. Launching this October, the game lets players become a ghost hunter as they interact with the paranormal.Nintendo also announced a variety of games available to download directly to the Wii console from the Wii Shop Channel via the WiiWare service, and directly to the Nintendo DS via the DSi Shop and DSiWare services.
- Mega Man 10 launches on WiiWare March 1.
- Max & the Magic Marker launches on WiiWare March 8.
- Cave Story launches on WiiWare March 22.
- WarioWare: D.I.Y. Showcase launches on WiiWare March 29.
- Nintendo’s Art Style: light trax and Art Style: Rotozoa launch on WiiWare this Spring.
- Rage of the Gladiator will launch on WiiWare this spring and utilizes Motion Plus.
- And Yet it Moves launches this spring on WiiWare.
- Super Meat Boy launches this summer on WiiWare.
- Nintendo’s Photo Dojo launches on DSiWare this spring.
- Nintendo’s Metal Torrent launches on DSiWare this spring.
- Nintendo’s X-Scape launches on DSiWare this spring.
Nintendo Release Dates Galore
Nintendo’s 2010 Media Summit is fully underway, and with it has come a wealth of information on upcoming games and the larger DSi model, the DSi XL. Here is a breakdown of the information from Nintendo’s press release:
- The DSi XL launches March 28 at an MSRP of $189.99. Will be available in both Burgundy and Bronze colors, and comes loaded with the following software: Brain Age Express: Arts & Letters, Brain Age Express: Math and Photo Clock, as well as two free applications: the Nintendo DSi Browser and Flipnote Studio. The system also includes the larger pen-like stylus.
- Super Mario Galaxy 2 launches May 23 for the Wii. Aside from Yoshi, the game will feature a drill that lets Mario tunnel through solid rock.
- Metroid: Other M launches June 27. Nintendo has confirmed that “While much of the game is reminiscent of 2-D side-scrollers, players can switch the perspective into 3-D at any time as they explore the twisting passages of a derelict space station and delve deep into a cinematic, never-before-told story of bounty hunter Samus Aran’s past. This new approach uses a new control scheme in which players use the Wii Remote controller held sideways to battle enemies and navigate the expansive, gorgeous environments in classic Metroid fashion, then aim at the screen with the Wii Remote pointer to blast foes in first-person and hunt the world for clues and hidden passages.”
- Nintendo will publish Dragon Quest IX: Sentinels of the Starry Skies in the Americas some time this summer.
- Monster Hunter 3 (Tri) will launch April 20. Free online has been confirmed, and Wii Speak support has been confirmed as well.
- Sin and Punishment 2, the sequel to the Japanese-only Nintendo 64 title, has been renamed Sin and Punishment: Star Successor. It will launch June 7 and feature international online leader boards.
- FlingSmash is a new Motion Plus-only title for the Wii launching this summer that “will test players’ Wii Remote skills as they bounce a ball-like hero through countless side-scrolling stages, combining the precision of racket sports with the unpredictable fun of pinball.”
- Picross 3D is launching for the DS on May 3 and will offer more puzzles to download via the Nintendo Wi-Fi Connection after launch.
- 100 Classic Books will launch for the DS on June 14 and will be highlighted by 100 works from authors such as William Shakespeare, Jules Verne, Jane Austen, Mark Twain and more. Readers can adjust the size of text, place bookmarks and even download new content via the Nintendo Wi-Fi Connection service.
- Prince of Persia: The Forgotten Sands from Ubisoft will launch May 18 on both the Wii and Nintendo DS platforms. As an added bonus, the Wii version of the game will exclusively include the 1992 Super NES version of the original Prince of Persia game.
- Disney Guilty Party is the official title of the first collaboration between Disney Interactive Studios and its recently acquired studio, Wideload Games. The mystery party game is set for release in the second half of 2010, exclusively for Wii.
- Majesco’s Nintendo DSi exclusive Ghostwire: Link to the Paranormal uses incredible augmented reality technology through the Nintendo DSi Camera. Launching this October, the game lets players become a ghost hunter as they interact with the paranormal.Nintendo also announced a variety of games available to download directly to the Wii console from the Wii Shop Channel via the WiiWare service, and directly to the Nintendo DS via the DSi Shop and DSiWare services.
- Mega Man 10 launches on WiiWare March 1.
- Max & the Magic Marker launches on WiiWare March 8.
- Cave Story launches on WiiWare March 22.
- WarioWare: D.I.Y. Showcase launches on WiiWare March 29.
- Nintendo’s Art Style: light trax and Art Style: Rotozoa launch on WiiWare this Spring.
- Rage of the Gladiator will launch on WiiWare this spring and utilizes Motion Plus.
- And Yet it Moves launches this spring on WiiWare.
- Super Meat Boy launches this summer on WiiWare.
- Nintendo’s Photo Dojo launches on DSiWare this spring.
- Nintendo’s Metal Torrent launches on DSiWare this spring.
- Nintendo’s X-Scape launches on DSiWare this spring.
How Stupid Does 1up Think We Are?
The most perfidious way of harming a cause consists of defending it deliberately with faulty arguments.
- Friedrich Nietzsche
He who strikes the first blow admits he’s lost the argument.
- Chinese Proverb
The reason I talk to myself is that I’m the only one whose answers I accept.
- George Carlin
It is one thing to try to convince me of something that is tenuous at best. But it is something else entirely to tell me that my own eyes and ears are lying to me.
So I find it a little distressing to have gaming portal 1up.com tell me that my own senses cannot be trusted. Perhaps they assume my eyesight and hearing are so poor that I am physically incapable of watching, let alone understanding, footage of two men talking clearly and coherently into microphones while being recorded on video.
Just what am I talking about, you ask?
Back before New Super Mario Bros. Wii and Call of Duty: Modern Warfare 2 launched last year, GameTrailers TV hosted an episode in which they featured Nintendo of America President Reggie Fils-Aime as a special guest.
During the episode, GameTrailers TV host Geoff Keighley issued a sales numbers challenge to Reggie, asking the NOA president on the spot if New Super Mario Bros. Wii would outsell Modern Warfare 2. Reggie agreed to the challenge stating Mario would outsell Modern Warfare 2 “on one particular platform,” taking into account NPD data through January 2010. I know this because I watched the video. With my own eyes. (You can too. Fast forward to about the 4:19 mark to see the specific interchange.)
The January NPD data just came in yesterday. Here are the results if you tally up the current U.S. sales totals for the two subject titles:
Call of Duty: Modern Warfare 2 (Xbox 360): 6,156,700
New Super Mario Bros. Wii: 4,866,700
Call of Duty: Modern Warfare 2 (PS3): 3,249,000
As I can clearly see here (with my own lying eyes), New Super Mario Bros. Wii outsold Modern Warfare 2 on a particular platform: The PS3. Reggie won the bet.
However, this cannot be, for facts are a mere inconvenience – obstructions that must be modified and reshaped to suit a particular desire or agenda. In this case the desire was to see NOA’s president lose a bet with a game-show host. Why? I do not know.
Don’t get me wrong, I think both games are excellent and extremely well-made. I can enjoy a spec ops mission in Call of Duty just as much as a multiplayer Mario session. However, when someone assumes that I lack even a first grader’s grasp of a conversation held in my native tongue of English, I tend to raise an eyebrow in a state of confusion.
My confusion stems from the fact that 1up is claiming Reggie “said that New Super Mario Bros Wii would outsell the 360 version of Call of Duty: Modern Warfare 2 by the end of holiday season.” I’d sure like to know what video it was that 1up watched to give their website’s staff this impression, because it sure wasn’t the same video I watched. The video I watched showed Reggie saying “I do believe so” in response to his own question of “on one particular platform” while Keighley repeatedly tried to interject with “on 360.” The odd thing, however, was that the words “Xbox,” “360″ or even “Microsoft” never left Reggie’s lips, though they did leave Keighley’s lips many times.
But I suppose I am asking too many questions; a bad habit of mine.
Back in December I questioned 1up’s reporting of the bet. I questioned why the website claimed that Reggie “thr[ew] down the gauntlet and issue[d] a sales challenge” when it was Keighley who issued the challenge. I also questioned why the website said Reggie specifically bet that Mario would outsell the Xbox 360 version of Modern Warfare 2, and why it backed up this assertion by linking back to one of its own articles paraphrasing the video, rather than the video itself directly.
Now I find myself questioning why the website is calling the bet a “prediction” on Reggie’s part when a prediction is usually something that involves just one person, unlike a bet, which involves at least two people. Oh, and I’m also wondering why the website has once again provided no direct link to the video itself, instead falling back yet again on its own paraphrasing.
Too many questions, not enough answers. Maybe it’s better that I just stop now before I give myself a headache.
Actually, I have only one more question.
Why doesn’t 1up expand its business and begin practicing law? After all, it’s usually only a lawyer who can convince you that it’s raining when someone is taking a piss on your head.
How Stupid Does 1up Think We Are?
The most perfidious way of harming a cause consists of defending it deliberately with faulty arguments.
- Friedrich Nietzsche
He who strikes the first blow admits he’s lost the argument.
- Chinese Proverb
The reason I talk to myself is that I’m the only one whose answers I accept.
- George Carlin
It is one thing to try to convince me of something that is tenuous at best. But it is something else entirely to tell me that my own eyes and ears are lying to me.
So I find it a little distressing to have gaming portal 1up.com tell me that my own senses cannot be trusted. Perhaps they assume my eyesight and hearing are so poor that I am physically incapable of watching, let alone understanding, footage of two men talking clearly and coherently into microphones while being recorded on video.
Just what am I talking about, you ask?
Back before New Super Mario Bros. Wii and Call of Duty: Modern Warfare 2 launched last year, GameTrailers TV hosted an episode in which they featured Nintendo of America President Reggie Fils-Aime as a special guest.
During the episode, GameTrailers TV host Geoff Keighley issued a sales numbers challenge to Reggie, asking the NOA president on the spot if New Super Mario Bros. Wii would outsell Modern Warfare 2. Reggie agreed to the challenge stating Mario would outsell Modern Warfare 2 “on one particular platform,” taking into account NPD data through January 2010. I know this because I watched the video. With my own eyes. (You can too. Fast forward to about the 4:19 mark to see the specific interchange.)
The January NPD data just came in yesterday. Here are the results if you tally up the current U.S. sales totals for the two subject titles:
Call of Duty: Modern Warfare 2 (Xbox 360): 6,156,700
New Super Mario Bros. Wii: 4,866,700
Call of Duty: Modern Warfare 2 (PS3): 3,249,000
As I can clearly see here (with my own lying eyes), New Super Mario Bros. Wii outsold Modern Warfare 2 on a particular platform: The PS3. Reggie won the bet.
However, this cannot be, for facts are a mere inconvenience – obstructions that must be modified and reshaped to suit a particular desire or agenda. In this case the desire was to see NOA’s president lose a bet with a game-show host. Why? I do not know.
Don’t get me wrong, I think both games are excellent and extremely well-made. I can enjoy a spec ops mission in Call of Duty just as much as a multiplayer Mario session. However, when someone assumes that I lack even a first grader’s grasp of a conversation held in my native tongue of English, I tend to raise an eyebrow in a state of confusion.
My confusion stems from the fact that 1up is claiming Reggie “said that New Super Mario Bros Wii would outsell the 360 version of Call of Duty: Modern Warfare 2 by the end of holiday season.” I’d sure like to know what video it was that 1up watched to give their website’s staff this impression, because it sure wasn’t the same video I watched. The video I watched showed Reggie saying “I do believe so” in response to his own question of “on one particular platform” while Keighley repeatedly tried to interject with “on 360.” The odd thing, however, was that the words “Xbox,” “360″ or even “Microsoft” never left Reggie’s lips, though they did leave Keighley’s lips many times.
But I suppose I am asking too many questions; a bad habit of mine.
Back in December I questioned 1up’s reporting of the bet. I questioned why the website claimed that Reggie “thr[ew] down the gauntlet and issue[d] a sales challenge” when it was Keighley who issued the challenge. I also questioned why the website said Reggie specifically bet that Mario would outsell the Xbox 360 version of Modern Warfare 2, and why it backed up this assertion by linking back to one of its own articles paraphrasing the video, rather than the video itself directly.
Now I find myself questioning why the website is calling the bet a “prediction” on Reggie’s part when a prediction is usually something that involves just one person, unlike a bet, which involves at least two people. Oh, and I’m also wondering why the website has once again provided no direct link to the video itself, instead falling back yet again on its own paraphrasing.
Too many questions, not enough answers. Maybe it’s better that I just stop now before I give myself a headache.
Actually, I have only one more question.
Why doesn’t 1up expand its business and begin practicing law? After all, it’s usually only a lawyer who can convince you that it’s raining when someone is taking a piss on your head.
Toyota Admits Disgrace, Refuses Gov’t. Award – Who Should Be Next?
In an amazing display of honor and integrity possibly extinct amongst American businesses, Toyota Motor Corp. CEO and President Akio Toyoda declined to accept an award from the Japanese Government for the Prius model’s energy efficiency. The Prius was on of 3 products this selected this year to receive the Grand Prize for Energy Efficiency and Ecological Quality from Japan’s Trade Minister.
Referring to the recent voluntary recall of 437,000 Prius for possible brake problems, Toyota spokesman Paul Nolasco said, “We declined to accept the award because we thought it was not appropriate.” Toyota made the decision to recall the Prius amongst the recent recall of a total of 8.5 million other Toyota autos after receiving only 200 complaints total in both the U.S. and Japan of the hybrid experiencing a braking delay in very specific cold weather conditions over very bumpy roads.
While some complain that the possibly company-killing recalls should have been made sooner, upon hearing of the refusal of the award and seeing some of the shame evident on some Toyota spokesmen’s faces during recent press conferences, I couldn’t help but be reminded of some of the principles and traditions that guided the gentlemen, knights, and samurai of old. It stands in stark contrast to the arrogant defiance I have seen on the faces of defeated and disgraced businessman and politicians lately.
It also made me wonder what it would be like if members of the video game industry had to show similar levels of contrition and shame to investors and consumers for crap they’d brought unabashedly to market. The unviewable screen of the original Game Boy Advance? The Xbox 360 and its Red Ring of Death failure rates? Daikatana, Battlecruiser 3000? Who are some companies, products, or people that you think ought to commit verbal Seppuku?
Quick Side Note: Besides military honors, what is the Japanese government doing handing out awards anyhow? It sounds like another good argument for small government – bureaucracies don’t have a good track record for picking winners. Uncle Sam seems to have enough trouble awarding contracts and food stamps. We don’t need any more taken out of our paychecks so they can judge trophy winners and give out gold stars at red carpet events with Seacrest and Rivers.
Toyota Admits Disgrace, Refuses Gov’t. Award – Who Should Be Next?
In an amazing display of honor and integrity possibly extinct amongst American businesses, Toyota Motor Corp. CEO and President Akio Toyoda declined to accept an award from the Japanese Government for the Prius model’s energy efficiency. The Prius was on of 3 products this selected this year to receive the Grand Prize for Energy Efficiency and Ecological Quality from Japan’s Trade Minister.
Referring to the recent voluntary recall of 437,000 Prius for possible brake problems, Toyota spokesman Paul Nolasco said, “We declined to accept the award because we thought it was not appropriate.” Toyota made the decision to recall the Prius amongst the recent recall of a total of 8.5 million other Toyota autos after receiving only 200 complaints total in both the U.S. and Japan of the hybrid experiencing a braking delay in very specific cold weather conditions over very bumpy roads.
While some complain that the possibly company-killing recalls should have been made sooner, upon hearing of the refusal of the award and seeing some of the shame evident on some Toyota spokesmen’s faces during recent press conferences, I couldn’t help but be reminded of some of the principles and traditions that guided the gentlemen, knights, and samurai of old. It stands in stark contrast to the arrogant defiance I have seen on the faces of defeated and disgraced businessman and politicians lately.
It also made me wonder what it would be like if members of the video game industry had to show similar levels of contrition and shame to investors and consumers for crap they’d brought unabashedly to market. The unviewable screen of the original Game Boy Advance? The Xbox 360 and its Red Ring of Death failure rates? Daikatana, Battlecruiser 3000? Who are some companies, products, or people that you think ought to commit verbal Seppuku?
Quick Side Note: Besides military honors, what is the Japanese government doing handing out awards anyhow? It sounds like another good argument for small government – bureaucracies don’t have a good track record for picking winners. Uncle Sam seems to have enough trouble awarding contracts and food stamps. We don’t need any more taken out of our paychecks so they can judge trophy winners and give out gold stars at red carpet events with Seacrest and Rivers.
Publications Incorrectly Report on Australian Piracy Incident, Blogger Gets It Half Right
Meet James Burt, the 24-year-old Australian man who recently settled a court case with Nintendo in the amount of $1.5 million for uploading a copy of New Super Mario Bros. Wii to the internet, according to a recent press release from Nintendo.
Now meet Stuart Campbell, a man who did a better job reporting the incident on his blog than a majority of the journalistic publications out there, even though he too fell short of the mark.
According to various publications – both gaming specific and general hard-news oriented – Burt was “fined” more than a million dollars for a single act of piracy and even convicted of piracy on criminal charges. So what does blogger Campbell have to say about all this?
“The figure has supposedly been arrived at by calculating that the perpetrator’s uploading of the game cost Nintendo 30,000 lost sales, presumably at a cost of AU$50 each. (NSMBW’s sales, incidentally, were 10.5m copies worldwide in its first two months, with over 200,00 of those in Australia – a record for the territory.) It’s being widely implied – or even stated outright – that this is a court judgement. But guess what? As usual, it’s a load of bullshit.” [Link in original].
Campbell is correct in saying rather bluntly that the settlement was misreported as a judgment. Aside from the link he already posted, we can see that Australia’s own television news program A Current Affair misreported the settlement as a fine, gaming site Destructoid fallaciously claimed that “the Federal Court [] awarded Nintendo $1.5 million in damages,” and Eurogamer flat-out fabricated that Burt was “convicted” of piracy (he wasn’t according to the information released) and “ordered” to pay Nintendo $1.5 million in compensation.
Bizarrely, however, Australian publication The Australian misreported in its headline that “Queensland Nintendo pirate cops $1.5m fine,” then contradicted itself in the body of the article by admitting that in fact, “Both parties reached a settlement on 27 January.”
Above: Australia’s A Current Affair program incorrectly refers to the out-of-court settlement as a fine.
From the information released so far, here is what actually happened. Campbell, an employee of a Brisbane Electronic’s Boutique store since 2004, ran into a legitimate version of New Super Mario Bros. Wii at “a local retail store” about a week before its official release date and purchased it, legally. Burt then uploaded the game to some internet site, where thousands upon thousands of web surfers were able to download the game, illegally.
So how did he get caught? Well, that we don’t fully know. What we do know is that somehow Nintendo tracked Burt down and obtained a Federal Court order on 23 November to search his premises in Sinnamon Park. In an interview on A Current Affair, Rose Lappin, the managing director for Nintendo of Australia, said that Nintendo knows for a fact that at least 50,000 copies of New Super Mario Bros. Wii were downloaded illegally, presumably in reference to Burt’s upload on the internet. We can reasonably infer that Nintendo obtained this information from its search of Burt’s premises.
We next know, according to Nintendo’s own press release, that the company filed a Federal Court action against Burt in Australia for copyright infringement. Burt, of course, settled this case with Nintendo on January 27, as reported by The Australian. The actual settlement amount was $1.6 million according to A Current Affair’s segment on the incident, since Burt also agreed to pay $100,000 in legal fees to Nintendo as part of the settlement.
Publications Incorrectly Report on Australian Piracy Incident, Blogger Gets It Half Right
Meet James Burt, the 24-year-old Australian man who recently settled a court case with Nintendo in the amount of $1.5 million for uploading a copy of New Super Mario Bros. Wii to the internet, according to a recent press release from Nintendo.
Now meet Stuart Campbell, a man who did a better job reporting the incident on his blog than a majority of the journalistic publications out there, even though he too fell short of the mark.
According to various publications – both gaming specific and general hard-news oriented – Burt was “fined” more than a million dollars for a single act of piracy and even convicted of piracy on criminal charges. So what does blogger Campbell have to say about all this?
“The figure has supposedly been arrived at by calculating that the perpetrator’s uploading of the game cost Nintendo 30,000 lost sales, presumably at a cost of AU$50 each. (NSMBW’s sales, incidentally, were 10.5m copies worldwide in its first two months, with over 200,00 of those in Australia – a record for the territory.) It’s being widely implied – or even stated outright – that this is a court judgement. But guess what? As usual, it’s a load of bullshit.” [Link in original].
Campbell is correct in saying rather bluntly that the settlement was misreported as a judgment. Aside from the link he already posted, we can see that Australia’s own television news program A Current Affair misreported the settlement as a fine, gaming site Destructoid fallaciously claimed that “the Federal Court [] awarded Nintendo $1.5 million in damages,” and Eurogamer flat-out fabricated that Burt was “convicted” of piracy (he wasn’t according to the information released) and “ordered” to pay Nintendo $1.5 million in compensation.
Bizarrely, however, Australian publication The Australian misreported in its headline that “Queensland Nintendo pirate cops $1.5m fine,” then contradicted itself in the body of the article by admitting that in fact, “Both parties reached a settlement on 27 January.”
Above: Australia’s A Current Affair program incorrectly refers to the out-of-court settlement as a fine.
From the information released so far, here is what actually happened. Campbell, an employee of a Brisbane Electronic’s Boutique store since 2004, ran into a legitimate version of New Super Mario Bros. Wii at “a local retail store” about a week before its official release date and purchased it, legally. Burt then uploaded the game to some internet site, where thousands upon thousands of web surfers were able to download the game, illegally.
So how did he get caught? Well, that we don’t fully know. What we do know is that somehow Nintendo tracked Burt down and obtained a Federal Court order on 23 November to search his premises in Sinnamon Park. In an interview on A Current Affair, Rose Lappin, the managing director for Nintendo of Australia, said that Nintendo knows for a fact that at least 50,000 copies of New Super Mario Bros. Wii were downloaded illegally, presumably in reference to Burt’s upload on the internet. We can reasonably infer that Nintendo obtained this information from its search of Burt’s premises.
We next know, according to Nintendo’s own press release, that the company filed a Federal Court action against Burt in Australia for copyright infringement. Burt, of course, settled this case with Nintendo on January 27, as reported by The Australian. The actual settlement amount was $1.6 million according to A Current Affair’s segment on the incident, since Burt also agreed to pay $100,000 in legal fees to Nintendo as part of the settlement.
