According to the father of the Aussie who has to pay Nintendo $1.5 million dollars his son is just a shy gamer. James Burt in November last year uploaded New Super Mario Bros Wii to the internet a week before its release and has now struck a deal for an out of court settlement with Nintendo. Burt is also liable for the court costs.

Speaker to the Sydney Morning Herald, Burt’s father whom he lives with has said that he wasn’t a commercial pirate and just a fanatical gamer who has owned every console. "As a parent I can tell you that he’s a very quiet lad, he’s a fanatical computer game player - to his detriment, it was peer pressure on the internet forums and the blog sites that led him to do a very, very silly thing to prove that he’d actually managed to purchase a game before its release date."

His father also says he now realises the consequences of what he has done but says "It was certainly [done] with no malice or intent to make money - he actually bought the game legitimately from a major retailer,” His father also pointed out that despite his son uploading the game it was someone else who edited the game to run properly.

Nintendo has come out again to further defend its stance further iterating that “Nintendo obtained evidence during its investigations that James Burt knew by uploading a copy of the game to a known hacking website that the security measures would be overcome by members of this community to allow the game to be hacked and ultimately downloaded,"

We’ve turned this to you, the reader, and ask what you think; take part in our poll and let us know what you think of this whole situation.