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Nintendo hits popular homebrew YouTuber, Modern Vintage Gamer, with numerous copyright claims forcing him to stop making Switch homebrew videos.

Oct 25, 2017
7,149
#1
Via Wololo.net
Every now and then, the Big N decides to go after people who make the world aware that their consoles are hacked and can run homebrew as they aren’t very pleased about it. This time, they retaliated by forcing Modern Vintage Gamer, a YouTuber with over 175k subscribers, to stop making videos about Switch homebrew.
While having one YouTuber being forced to stop making videos about Nintendo Switch homebrew may not sound like too much of a big deal, such things from Nintendo have measurable effects on the homebrew community and freedom of speech in the following ways:

  • Through more copyright claims, Nintendo might censor more videos (and potentially websites) about Switch homebrew which might make less people aware of the hard work going in the Nintendo Switch homebrew scene
  • If guides on how to hack one’s Nintendo Switch are targeted, less tech-savvy users may decide not to hack their console which could result in a smaller Switch homebrew community going forward
  • Nintendo could try taking legal action against people who develop homebrew for their currently-sold hacked consoles (3DS and Switch) which might make some developers afraid of developing more homebrew games/ports/emulators
  • This may be sending a message to the emulator developer community that they might be targeted next especially if they port emulators to the Switch
  • Without a doubt, this is a direct threat to freedom of speech, fair use and the ability to use one’s hardware as they please

A TLDR: Nintendo is filing DMCA take down claims on a (so far just this one) channel that has videos focusing on how to install switch homebrew. These videos don't contain any more footage than your average let's player or other nintendo news/review/etc youtuber, the only difference is that they host how to homebrew the console.

This is clearly an abuse of the DMCA, selectively using it to post copyright claims on channels they disapprove of. Obviously they legally can do so, but it is a huge overreach and sets a bad precedent.
 
Oct 27, 2017
11,586
#2
These videos don't contain any more footage than your average let's player or other nintendo news/review/etc youtuber, the only difference is that they host how to homebrew the console.
Come on, you're really trying to compare people playing games from someone showing how to install homebrew?
But yeah, it does seem to be an abuse of DMCA, unless those policies also extend to piracy in some way
 
Dec 28, 2017
6,831
#4
Fuck off Nintendo.

MVG is one of the best channels on YouTube, his Switch/Xbox videos are stellar and the CannonBall port was mint.

This is so fucking dumb...
 
Oct 25, 2017
3,997
#6
Here comes the corporate defense force. This has nothing to do with copyright, this is an abuse of the DMCA. He's not infringing copyright.
 
Jan 16, 2019
865
#14
It's showing how to violate their copyright, so maybe? Grey area.
Not really. DMCA's are for the purpose of removing content that is actually in the act of violating copyright on Youtube in the form of media. I don't see how DIY videos would fall under that umbrella, unless now Nintendo are saying even filming an actual Switch console is copyright infringement, which would be ludicrous.
 
Oct 27, 2017
2,042
#15
Someone at Nintendo did this manually.

He said one of the videos was flagged for Splatoon 2 footage, but he never used Splatoon 2 footage in any of them lol
 
Jan 16, 2019
865
#17
Someone at Nintendo did this manually.

He said one of the videos was flagged for Splatoon 2 footage, but he never used Splatoon 2 footage in any of them lol
Pretty much. When someone at Nintendo went to file the takedown request, the drop down menu for the reason why didn't feature the option "we don't like this."
 
Oct 25, 2017
922
#18
Not really. DMCA's are for the purpose of removing content that is actually in the act of violating copyright on Youtube in the form of media. I don't see how DIY videos would fall under that umbrella, unless now Nintendo are saying even filming an actual Switch console is copyright infringement, which would be ludicrous.
this.
 
Nov 10, 2017
240
#20
Hacking the system against terms of service with Nintendo. So that would put you in small claims court...unless...you are making money off the hacks. That opens some new doors because now you are using their stuff to make money...not just hack it for personal use. Showing someone how to hack and getting revenue for vids on youtube is probably where they are going. Its more than personal use.

I know its illegal in japan to do it: https://nintendosoup.com/you-can-now-go-to-jail-for-hacking-your-nintendo-switch-in-japan/ . So the take down would be more on showing illegal activities in Japan. Which I would think showing a crime...don't know for sure...is against UTubes TOS.
 
May 9, 2018
528
#21
If guides on how to hack one’s Nintendo Switch are targeted, less tech-savvy users may decide not to hack their console
Automatically makes it worth it, in my opinion. Homebrew is homebrew, but every homebrewer is a potential cheater in online games, or a pirate. Homebrew, even if started with non-harmful intentions, is always the first step here, that's why fighting the harmful-intentions kind almost always leads to shutting down homebrew in general.
 
Oct 27, 2017
21
#22
Were the videos monetized? If he was making money I could see this being some real grey area stuff that would probably get dictated in court by whoever has the better lawyer. Which would probably be Nintendo.
 

Kvik

Banned
Member
Oct 25, 2017
889
Downunder.
#24
It's showing how to violate their copyright, so maybe? Grey area.
Which copyrights would that be? No Nintendo IP was being exchanged or disseminated via electronic means or otherwise by installing homebrew software in devices which we own. Why should Nintendo be able to dictate what a person can or cannot do with their legally owned devices?
 
Oct 27, 2017
11,941
#25
Which copyrights would that be? No Nintendo IP was being exchanged or disseminated via electronic means or otherwise by installing homebrew software in devices which we own. Why should Nintendo be able to dictate what a person can or cannot do with their legally owned devices?
But did he, in his videos, instruct or demonstrate how to hack or install homebrew on a Switch? And if he did that, then he's giving public instruction on how to potentially play pirated games on a Switch regardless of copyright owner of the games in question.
 

Voxl

Banned
Member
Oct 27, 2017
234
#26
This is clearly an abuse of the DMCA, selectively using it to post copyright claims on channels they disapprove of. Obviously they legally can do so, but it is a huge overreach and sets a bad precedent.
How is it an abuse if its legally in their rights?
 
Oct 25, 2017
3,036
#27
Automatically makes it worth it, in my opinion. Homebrew is homebrew, but every homebrewer is a potential cheater in online games, or a pirate. Homebrew, even if started with non-harmful intentions, is always the first step here, that's why fighting the harmful-intentions kind almost always leads to shutting down homebrew in general.
Ah yes, because we should only use our hardware in it's official capacity. Get real.
 
Oct 27, 2017
768
#31
How is it an abuse if its legally in their rights?
The issue is that they might be able to challenge him for the videos but not as part of the dmca structure. They are abusing that system since it has an immediate effect instead of having to send him a cease and desist or something of that sort.
 

Voxl

Banned
Member
Oct 27, 2017
234
#34
The issue is that they might be able to challenge him for the videos but not as part of the dmca structure. They are abusing that system since it has an immediate effect instead of having to send him a cease and desist or something of that sort.
Is it tho? DMCA according to Wikipedia:

"It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself."https://en.m.wikipedia.org/wiki/Digital_Millennium_Copyright_Act
 

Kvik

Banned
Member
Oct 25, 2017
889
Downunder.
#36
But did he, in his videos, instruct or demonstrate how to hack or install homebrew on a Switch? And if he did that, then he's giving public instruction on how to potentially play pirated games on a Switch regardless of copyright owner of the games in question.
Then it's not really a copyright infringement issue, isn't it? Copyright infringement occurs when you're distributing copyrighted IPs without any legal license to do so. Nothing like this was actually happened in MVG's videos. Furthermore, they did not describe how to download games illegally from Nintendo's CDN, therefore Nintendo's action of DMCA take-down is a misuse.
 
Oct 27, 2017
11,941
#37
Then it's not really a copyright infringement issue, isn't it? Copyright infringement occurs when you're distributing copyrighted IPs without any legal license to do so. Nothing like this was actually happened in MVG's videos. Furthermore, they did not describe how to download games illegally from Nintendo CDN, therefore Nintendo's action of DMCA take-down is a misuse.
Is it, though?

Is it tho? DMCA according to Wikipedia:

"It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself."https://en.m.wikipedia.org/wiki/Digital_Millennium_Copyright_Act
 
May 9, 2018
528
#40
Ah yes, because we should only use our hardware in it's official capacity. Get real.
You're free to use it as you see fit. The moment you go public with it, all bets are off. Homebrew generally creates enough problems for the regular users without it getting the extra positive publicity on social media. It should always be a matter of seeking it out once you want it, rather than stumbling on it and being tempted.
 
Oct 25, 2017
3,036
#42
You're free to use it as you see fit. The moment you go public with it, all bets are off. Homebrew generally creates enough problems for the regular users without it getting the extra positive publicity on social media. It should always be a matter of seeking it out once you want it, rather than stumbling on it and being tempted.
And how should this information be disseminated? Carrier pigeon?
 
Oct 27, 2017
768
#43
Oct 27, 2017
768
#47
There's been exemptions but I'm not sure where they stand now
There is a more applicable one now.

Computer programs that enable smartphones, tablets and portable all-purpose mobile computing devices, and smart televisions to execute lawfully obtained software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications with computer programs on the smartphone or device, or to permit removal of software from the smartphone or device.
 
Nov 22, 2018
69
#48
But did he, in his videos, instruct or demonstrate how to hack or install homebrew on a Switch? And if he did that, then he's giving public instruction on how to potentially play pirated games on a Switch regardless of copyright owner of the games in question.
This is the same argument that TV stations were using when VHS was invented and they got their asses handed to them in court.
 
May 9, 2018
528
#50
And how should this information be disseminated? Carrier pigeon?
It shouldn't be, that's the whole thing. Ideally it should not be propagated at all. Websites detailing the process already exist, websites selling products to simplify the process exist, and they can already be found by a standard google search once a person is interested in either homebrew or the other two things it enables. There do not need to be videos on a public media platform with millions of users artificially drawing even more people to those things.