Kane noted, however, that there are companies that take these things “very seriously,” and there have been cases where companies sued individuals for downloading something, even if it was for non-commercial use. “I think it’d be rare and approaching never that they go after individual downloaders,” he said. Mitch Stoltz, senior staff attorney at Electronic Frontier Foundation, agreed that solitary gamers probably won’t be served by a company like Nintendo. “The reality of the situation is if you’re downloading it for personal use and you’re not commercializing it any way, a company may not ever find out that you’ve done that, or they might not care too much because it’s not necessarily hurting their bottom line that greatly if it’s just one individual,” Kane said.
But should individual gamers/downloaders be worried about getting a summons? Probably not.
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