While gaming content continues to grow and thrive on video platforms like Twitch and YouTube, copyright remains a sticky issue. Most companies look the other way when it comes to game streaming, but emulation is another matter. Nintendo and others have used copyright strikes to discourage creators from emulating their games, but now a new legal threat has taken things to a whole new level.
Italian YouTuber Once Were Nerd covers a variety of retro gaming topics, but his reviews of ANBERNIC devices appear to be the straw that broke the camel’s back. According to the video above, customs enforcement officers from the Guardia di Finanza showed up at his home and office on April 15 with a search warrant to investigate promotion of pirated copyrighted materials.
They seized a variety of ANBERNIC, Powkiddy, and TrimUI gaming handhelds from his collection. In total, more than 30 consoles were taken. The creator, assuming he didn’t do anything wrong, complied with demands, providing full transcripts of his conversations and chats with gaming handheld manufacturers. The officers also took his phone, promising to return it in a few days. It was returned two months later, on June 15.
Officials seized more than 30 consoles, and may shut down the channel before it goes to trial.
According to the video, officials are not required to disclose what exactly the charges are or who has brought them until the initial investigation is complete under Italian law. At that point, the case is either dismissed or goes to trial. The complaint specifically mentions reproduction of copyrighted material from Nintendo and Sony, but the case may originate from the agency itself.
However, in the meantime officials have the option to shut down his channel, even before proving any wrongdoing. This is a scary prospect for any creator who has spent years building a channel, and unlike YouTube copyright strikes, there’s likely no remedy.
Currently, officials contest that his reviews of ANBERNIC devices like the RG Slide, which often, but not always, ship with microSD cards filled with copyrighted ROMs, are punishable under Article 171 ter of the Italian Copyright Law. This law, which was originally written in 1941, allows for a maximum punishment of €15,000 (or 30 million Italian Lira, since the law pre-dates the Euro) and three years of jail time.
For his part, the creator of Once Were Nerd never published sponsored reviews of ANBERNIC products. This is how most reviewers remain impartial, although he claims to have taken things one step further by not including any affiliate links in his content.
Time will tell how this case plays out, but it sets a dangerous precedent for other gaming-focused creators, especially in countries with draconian copyright laws that are decades out of date.
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