A Retro Gaming YouTuber Faces Possible Jail Time For Reviewing Gaming Handhelds (androidauthority.com) 28
An anonymous reader quotes a report from Android Authority: 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 [here], 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.
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 euros (or 30 million Italian Lira, since the law pre-dates the Euro) and three years of jail time.
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 euros (or 30 million Italian Lira, since the law pre-dates the Euro) and three years of jail time.
Re: Hmmmm (Score:4, Insightful)
If you knowingly purchase illicit goods that's a crime.
They are both criminals in the eyes of the law.
Re: (Score:3, Funny)
I'm surprised Italy even has laws... Presumably they simply codify the corruption.
Re: (Score:2, Insightful)
Re: (Score:3)
You CAN'T be surprised Italy has laws. Italy INVENTED law a we know it. The Twelve Tables, promulgated 449 BCE were the first written laws of the western world (earlier code of laws have existed, e.g. the Sumerian Code of Ur-Nammu but they disappeared and had no later influence). Not only Italy defined the concept of "lex" (5th Century BCE as a "de-LEG-ation", 3rd Century BCE as normative content of popular assemblies), Italy also started TEACHING the foundations of law, after the Justinian Code, compiled 5
Re: Hmmmm (Score:1)
In which year did they invent corruption?
Re: (Score:2)
The prior year. Laws were made to be broken.
Re: (Score:1)
What happened to the drinkypoo account? It was always solidly left and on the side of the little guy. Here it is cheering for the boot if oppression.
Would you please fuck off permanently, you boring excuse for hot grits?
In the case of Wario v. Woods, how find ye? (Score:3)
Re: (Score:2)
Moral justification?
These laws are about wealth. Morality isn't a concern.
Re: (Score:2)
Moral justification?
These laws are about wealth. Morality isn't a concern.
Correction: Wealth is morality. Greed is God. Profit is all. All other concerns are a nuisance.
These have plenty of legitimate uses (Score:3)
That's before you talk about specialized use cases like ROMs you legally own or Homebrew. Or hell just loading up any one of a thousand games off of Gog that run under dos box.
Case in point (Score:3)
Legally available MAME ROMs:
https://www.mamedev.org/roms/ [mamedev.org]
Open source NES games:
https://github.blog/open-sourc... [github.blog]
SNES Homebrew games:
https://itch.io/c/1537684/snes... [itch.io]
Genesis homebrew games:
https://itch.io/games/tag-mega... [itch.io]
Re: (Score:1)
Re: (Score:2)
Legitimate uses doesn't matter in the eyes of laws of many countries, primary intended use does. Advertised use does. And the fact that these are shipped specifically loaded with pirated games (received one of these as a gift, mine looks like a gameboy except blue and has 300 games on it by default including Super Mario Bros - which hilariously runs at the wrong framerate complete with off pitch sound) it's hard to argue that anyone is buying these for their legitimate use cases.
ok (Score:2)
"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. "
Then why does the title say he's being charged for reviewing games?
Re: (Score:2)
Re: (Score:2)
Then why does the title say he's being charged for reviewing games?
Because it is fucking impossible to get a headline on the topic of anything without it being reduced to a strawman, these days.
Re: (Score:3)
officials are not required to disclose what exactly the charges are or who has brought them until the initial investigation is complete
"Show me the man and I'll find you the crime." - Lavrentiy Beria
Real police work (Score:2)
Is difficult and possibly dangerous. Easier to raid some random youtuber instead of real criminals.
Correction (Score:4, Insightful)
Click bait much? How about the corrected headline below?
A Retro Gaming YouTuber Faces Possible Jail Time For Purchasing Pirated Software
Re: (Score:2)
Did he know ahead of time that the consoles included microSD cards containing pirated ROMs? Or did ANBERNIC just throw in the card, saying "Here's some sample games."
I suspect that the authorities, having kept his phone for a while, know the answer to that question. And the answer is probably, "Yes."
Moral of the story: If you are going to build a business (YouTube channel) on some IP, make sure you have the rights to it.
Re: (Score:2)
Definitely. These devices usually advertise heavily first and foremost how many games they ship with. You don't get 300 fully playable sample games (what my device arrived with) in any legitimate purchase.
Demand the eula be read in full to the jury! (Score:1)
Demand the eula be read in full to the jury! And if the court does not allow that then demand an miss trail!