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Nintendo’s Latest Copyright Strike Has YouTubers Scrambling
Nintendo issued a new copyright strike against a popular YouTube channel, Retro Game Corps, for showcasing emulated Nintendo games.
The channel boasts over 500,000 subscribers and specializes in reviewing modern handheld devices capable of emulating classic games.
According to Time Extension, channel owner Russ reported that Nintendo had removed a video demonstrating Wii U emulation on third-party hardware. This marked the second copyright strike against his channel, following a previous incident involving coverage of a device that allows dumping Switch games to a computer.
“It does appear that I am being specifically targeted by Nintendo,” Russ wrote in a YouTube announcement.
Russ considers filing a counter-claim under fair use, arguing the video was for educational purposes, transformative, and featured a console no longer for sale. However, he expressed reluctance to engage in legal action with “a multi-billion dollar corporation.”
In response to the strikes, Retro Game Corps announced it would no longer showcase Nintendo games in its videos. Russ said he is “going through the videos I am working on and blurring out any Nintendo game content as a precaution, even innocuous content like NES games.”
According to Time Extension, the incident raises questions about the legal status of emulation handhelds and their promotion. These devices often come pre-loaded with numerous games without compensating copyright holders.
It also sparks debate about game preservation, as Nintendo’s actions may impact channels that advocate for system hacking to preserve older titles.
Industry experts argue that the government can help creators by offering free or low-cost legal clinics specializing in intellectual property and contract law and simplifying the small business operation process.
Earlier this year, New York-based startup Trips raised $2.5M to give creators opportunities from their intellectual property. It uses blockchain technology to help creators establish initial digital provenance for their copyrighted material.