Nintendo has long been known for its aggressive stance against piracy and emulation, and its latest actions highlight the company’s commitment to protecting its intellectual property. Recently, Nintendo has shifted its focus from just software developers to include YouTubers promoting emulators, leading to a significant crackdown across the gaming community.
Targeting Content Creators
One notable victim of this crackdown is the YouTube channel Retro Game Corps, which has gained a following of over 552,000 subscribers. The channel primarily reviews portable devices capable of emulating classic games. However, it has recently received two copyright strikes from Nintendo for showcasing its titles on third-party handheld consoles.
Russ, the owner of Retro Game Corps, expressed his dismay on social media. “Hi friends, it seems I am being specifically targeted by Nintendo,” he stated. He noted that a video featuring a Wii U game was taken down, even though its content was similar to previous tech demos and reviews that had not faced any backlash.
Retro Game Corps has established itself as a reliable source for retro gaming content, focusing on modern portable devices from brands like AYANEO, Anbernic, and Retroid. These devices often run emulators that play classic Nintendo games, which likely triggered the recent copyright actions.
In light of the strikes, Russ is contemplating a counterclaim based on fair use, arguing that his videos are educational and transformative. He emphasizes that since the Wii U is no longer available for sale and Nintendo no longer profits from its games, his content shouldn’t be considered a threat to the company’s market.
However, Russ is wary of engaging in a legal battle with a corporation of Nintendo’s size. “I am reluctant to open that can of worms, as their next step would be to file legal action,” he admitted, acknowledging the serious risks involved.
To avoid further strikes, Retro Game Corps will cease showcasing any Nintendo games. Russ has begun editing his existing videos to obscure all Nintendo-related content, including footage of older games from the NES era.
“I know this is disappointing, but with two strikes on my channel, I have no choice but to adapt,” he explained. The decision to blur Nintendo content reflects a precautionary approach aimed at preserving the channel’s future.
Nintendo’s History with Emulators
The legal actions against Retro Game Corps represent a broader pattern in Nintendo’s approach to emulation. Earlier this year, the company filed a lawsuit against Yuzu, a well-known Nintendo Switch emulator. More recently, Ryujinx, another Switch emulator, announced that it would cease development after its creator was contacted by Nintendo and offered an agreement to stop working on the project.
This development is consistent with Nintendo’s history of aggressively pursuing legal action against those who infringe on its copyrights.
Nintendo’s legal actions are not unprecedented. In 2022, Gary Bowser, a prominent seller of Nintendo Switch hacking devices, was sentenced to 40 months in prison and fined $4.5 million. The company also won a $12.2 million judgment against a couple in 2018 for distributing pirated Nintendo ROMs.
These legal battles emphasize Nintendo’s determination to protect its intellectual property, even as it seeks to control how its games are accessed, often at the expense of fan-driven projects.
The Future of Emulation
Nintendo’s recent actions could have lasting implications for content creators and the emulation community. For YouTubers like Russ, the threat of copyright strikes may deter them from producing content related to retro gaming.
Despite the risks, the appeal of emulation remains strong among gamers, offering access to classic titles that are no longer available through official channels. As demand persists, emulation will likely continue, albeit in a more subdued manner.
