In November 2009, 24-year-old Australian James Burt purchased a copy of New Super Mario Bros.

Burt later commented on the incident, calling his actions 'very stupid' and asserting that the crime's repercussions were something that he would have to deal with for the rest of his life Nintendo of Australia managing director Rose Lappin called the incident 'a global issue', noting that thousands of copies of the game had been downloaded across the world before it was taken down. Burt was also forced to disclose the locations of all of his computers and electronic storage devices, as well as give access to his email, social networking and website accounts. The case was ultimately settled in January 2010, with Burt receiving a fine of AU$1.3 million as compensation for lost sales, as well as an additional fine of AU$100,000 as a part of Nintendo's legal fine.

Nintendo took down the game and sued Burt shortly afterwards, accusing him of violating copyright laws and depriving Nintendo of potential sales. 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.

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