IT'S game over for one over-zealous player who was fined $1.5m for illegally copying and uploading a pre-release version of a popular game.

James Burt, 24 from Brisbane, received an early copy of Nintendo's Super Mario Bros Wii and made it available for download from a website, which has since been shut down.



As a result of his actions the Federal Court ordered Burt to pay Nintendo $1.5m in damages and also cover the $100,000 in court costs.



The Super Mario Bros games are among the most popular ever produced by Nintendo with millions of copies sold around the world.



Super Mario Bros Wii, which was due for official release on November 12, 2009, was copied and offered by Burt online from November 6.



The title in question was the first time the popular side-scrolling game was available for the popular Nintendo Wii console with up to four players able to join the action at the same time.



Once Nintendo was aware of the breach the company employed a forensic investigator which eventually tracked down and revealed Burt as the offender.



The game had already been downloaded "many thousands of times" according the Nintendo's legal representatives Maddocks Lawyers in Melbourne.



On November 23 Nintendo obtained a Federal Court search order for Burt's residence in the Brisbane suburb of Sinnamon Park and obtained evidence which was used in the case.



Nintendo Australia managing director Rose Lappin says the case a victory against piracy.



"Piracy is massive and getting bigger and bigger but I think the courts are taking it more seriously now as you can see by this," she said.



"As an industry it's a major problem and the cost is massive to the industry and to developers.



"Some of these guys say there are more downloads and patches than there are actual sales for them.



"That's shocking for our industry."