New Super Mario Bros Wii // Nintendo Vs. Burt

Artwork For New Super Mario Bros.Wii For Nintendo Wii

 New Super Mario Bros. Wii is a 2D side-scrolling platform video game developed and published by Nintendo for the Wii.  It is a sequel to New Super Mario Bros. for the Nintendo DS and a part of the New Super Mario Bros. series. It was released in 2009.

In November 2009, 24-year-old Australian James Burt purchased a copy of New Super Mario Bros. Wii several days before its release, as the store had mistakenly put it up for sale early, and ripped and uploaded the game disk online. Nintendo took down the game and sued Burt shortly afterwards, accusing him of violating copyright laws and depriving Nintendo of potential sales. The case was ultimately settled in January 2010, with Burt receiving a fine of AU$1.5 million as compensation for lost sales, as well as an additional fine of AU$100,000 as a part of Nintendo's legal fine. 

The file was downloaded more than 50,000 times over the course of five days before it was to be released in November 2009. The copying and distribution of video games without permission is a violation of the Copyright Act under Australian law. Nintendo and Burt came to an out-of-court settlement agreement that reflected the video game company’s loss of revenue for a full week of sales. 

Although Nintendo sued Burt, the company gave him a very exclusive gift: A limited edition Legend of Zelda: The Wind Waker HD Ganon statue in 2013. 
                 

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