Pokémon game leaked week before release: 'Can lead to a fine of 22,500 euros'

The latest will be published on Friday, January 28 Pokémon game, a game that was leaked through illegal channels a week before its release. That could lead to sky-high fines for downloaders, but how hard is the blow for Nintendo?

While many fans seem to be waiting patiently until Pokémon Legends: Arceus Friday for the Nintendo Switch, others are already playing the game. An internet pirate got hold of an early copy and shared the entire contents online, making it illegal to download and play on a hacked gaming console or a powerful smartphone or PC .

Nintendo is not happy about that. The company says it is doing everything it can to protect its "creative ideas and the financial investments to entertain fans." “Nintendo has an established team committed to fighting piracy worldwide.”

Whoever posted the game online is violating Nintendo's copyright, gaming lawyer René Otto knows. "But a downloader is also in violation if he knows or should know that he is downloading an illegal copy. It is evident that in this case it is an illegal copy, because it concerns an ISO file of a game that is exclusively for the Nintendo Switch is being released and it's not even available yet."

Imprisonment or pay 22,500 euros

The fines are not lenient. "According to copyright law, intentional copyright infringement is even a crime that currently carries a prison sentence of six months or a fine of up to 22,500 euros."

The game's uploader could also be prosecuted for breaching a confidentiality agreement; After all, they got the game from Nintendo before it hit stores. According to Otto, this can also lead to hefty fines: two people who take unreleased images from a Pokémon book had leaked, were ordered to pay a damages claim of 150,000 dollars (approximately 133,000 euros).

In practice, illegal downloaders are almost never prosecuted in the Netherlands. Copyright organizations mainly target those who distribute the files first. For example, in May last year, a site with thousands of illegal sites taken offline by the BREIN Foundation.

How much damage does Nintendo really take?

If Nintendo decides to fight the case in court, the company can hold the distributors of the illegal copy liable for lost income. "In practice, it is quite difficult to determine exactly how extensive the lost profit is, which is why judges often make an abstract estimate of the damage."

Joost van Dreunen, founder of data company SuperData and now a game teacher in New York, suspects that it is a blow. “The damage is difficult to quantify, but significant. It means that any planned marketing will be much less effective.”

"But ultimately the franchise is strong enough, both financially and as a brand, to survive something like that," Van Dreunen thinks. Rhys Elliott, analyst at market agency Newzoo, expects that Pokémon leak will have no noticeable impact on sales figures. “The same thing happened with the Nintendo game in 2020 Animal Crossing: New Horizons , but it still sold tremendously with more than 30 million copies."

'Many people don't know how to play the game illegally'

" Pokemon has just like Animal Crossing a gigantic attraction. The series is also popular with younger gamers. Many of the people who want to buy the game do not have the technical knowledge to play the leaked game. They may not even be aware of it.”

"For many customers, convenience is of the essence. Millions of people still subscribe to video streaming services, even though many films and series can be illegally downloaded for free."