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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
5,718
#53
Before people continue making assumptions. Do we even know if the censored videos even showed how to put the Switch into a state that allows the emulator to boot or did he take one that was already in such a state and just show how he loaded the emulator and then the game? People are assuming he went through all the steps for the former.
 
Oct 30, 2017
3,936
#56
I’m disappointed to see that corporate boot licking is alive and well here. I supposed it’s because it involves the Lord and Savior, Nintendo.


Nintendo can get fucked here. It’s a meritless DMCA claim, and Nintendo knows it. Nintendo also knows that these users don’t have the funds to fight Nintendo over it.
 
Oct 25, 2017
5,718
#57
TV stations and VHS tapes are different from people hacking Nintendo-made hardware to play pirated Nintendo software.
It's a good thing that the video had a guy showing how he played a game he owns that was released 23 years ago. You might have a leg to stand on if he was showing how to play pirated games and was bragging about how he didn't own them.
 
Oct 27, 2017
12,050
#58
It's a good thing that the video had a guy showing how he played a game he owns that was released 23 years ago. You might have a leg to stand on if he was showing how to play pirated games and was bragging about how he didn't own them.
It's a shame that the very same instructions could apply to games that he doesn't own.
 
May 9, 2018
532
#59
OK lets be real about this, is the main use of it to allow pirated games to be playable on the device?
The entire purpose of homebrew is gaining features and running software otherwise impossible on unmodified systems. There's no single "main use" as such, but experience (and observing 'homebrew' hubs like gbatemp) dictates that piracy is a significant part of it.
 
Oct 25, 2017
5,718
#60
It's a shame that the very same instructions could apply to games that he doesn't own.
It can't be argued that he was acting in bad faith though. We are arguing over legality not whether you are worried that Nintendo will lose revenue from other uses not covered in the video.
 

Kvik

Banned
Member
Oct 25, 2017
889
Downunder.
#61
"It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself."
The instructions provided by MVG's videos are protected under the fair usage doctrine/reverse engineering exception under DMCA because the circumvention of the device's security happened on a device which the user legally own.

Their videos does not describe how to circumvent Nintendo's security on their CDN, which would be a violation of the paragraph you quoted.
 

Aters

Banned
Member
Oct 26, 2017
7,948
#62
The speed laws have been evolving falls behind the speed the world evolves. We are using 18th century laws to regulate 21st century technology and way of life.
 
Oct 27, 2017
574
#66
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...
lol people always think they're in the right just because they're entertained by some dude's content. Nobody cares about the quality of his channel. He's breaking the rules in public. of course he got got.
 
Oct 30, 2017
711
#67
I hope all these people who have a problem with homebrew don’t use mods on PC because y’all are using the software in a way not intended by developers. I better not catch you using emulators or making backups of your legal games either or you doing illegal shit.
 
Oct 25, 2017
6,906
#70
And to locate those messages and point them out was your only purpose on entering this thread? Shocking...
Nope, I always come to homebrew and emulation related threads because I find them very interesting, and even despite the warnings in those threads, people keep coming to them to cry "piracy!", especially if a Nintendo console is involved.
 
Nov 22, 2018
70
#71
TV stations and VHS tapes are different from people hacking Nintendo-made hardware to play pirated Nintendo software.
No, Nintendo doesn't owns the hardware once it's sold, that they made it is irrelevant. And the pirated part is also irrelevant because the video in question was using homebrew.

If this went to court Nintendo would lose big time, and they know it, that's why they are abusing the shitty DMCA system, because it's all they can do.
 
Oct 25, 2017
9,442
#73
Ok someone that really knows about law and isn't moved by hatred or love towards nintendo can explain to me how this is considered fair use?
Isn't fair use for something like reviews and let's plays?
 
Oct 31, 2017
5,387
#74
User Warned: Equating Homebrew to Piracy
good, screw homebrewers

because 2 things it's used for is hacking MP and piracy
 
Oct 27, 2017
2,963
#75
It's a shame that the very same instructions could apply to games that he doesn't own.
If simply having the instructions and making money from ads and subs is enough to get slammed wouldn’t this website be in the same position from having homebrew threads with instructions and getting money from ads and subs?

And what about Retropie talk? Do we know that everyone who install a Retropie image on their Raspberry Pi only use it for... Well, what can you use it for that doesn’t involve some kind of grey area copyright breach??
 
Oct 27, 2017
3,578
#76
What I'm particular interested in is the DMCA stuff really says and how it works.
In particular, how does the following 2 sections work in this specific case?

(b) Additional Violations.—(1) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that— "
...compared to...

(c) Other Rights, Etc., Not Affected.—(1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title.
https://www.copyright.gov/title17/92chap12.html#1201
 
Oct 30, 2017
173
#77
Can we start banning people who equate using home brew to piracy? Anytime there’s a thread about home brew it always devolves into the same thing.

It’s kind of disgusting to see not the ignorance in this thread as well as the idea that it’s okay to abuse power because they don’t agree with something.

I’d love to hack my switch. I have zero interest in stealing games. Running Linux and Android on it sounds awesome to me.
 
Oct 27, 2017
1,236
#79
User banned (3 Days): advocating piracy
please point out anywhere anyone or the video creator in the OP stood up for piracy.
not to mention that something being illegal doesn't make it morally wrong. In philosophy of ethics the law is even considered the lowest form of morality...
It's perfectly fine to stand up for some forms of piracy.
 
Oct 27, 2017
429
#80
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.
I mean the youtuber is making money off of copyright material... if the owner isnt happy with the way its presented they can claim it.
 
Oct 30, 2017
173
#81
You guys really standing up for piracy just because Nintendo is a big corporation...?
Really going to stand up for Nintendo while they abuse their tools on YouTube to take down someone who is operating within the law and *not* advocating for piracy because...?
 
Oct 27, 2017
3,417
#82
This isn't about "rights" just like 90 percent of Nintendo's Youtube action. They are just flexing because it's at most a legal grey area and they know nobody can fight it. They are abusing the system like usual, and because they didn't get actual blowback for those other times they've done it, people will assume they are in the right.
 
May 9, 2018
532
#83
User Banned (3 Days): Thread Derailment; Inflammatory False Equivalences
Can we start banning people who equate using home brew to piracy?
Can we do the inverse as well, ban people who deny that homebrew is always the first step to piracy?

It always starts with homebrew. Like owning a gun is the first step to shooting someone - doesn't guarantee it, but literally can't happen otherwise.
 
Oct 25, 2017
1,436
#84
I hope all these people who have a problem with homebrew don’t use mods on PC because y’all are using the software in a way not intended by developers. I better not catch you using emulators or making backups of your legal games either or you doing illegal shit.
The only game I mod is Starbound because it explicitly was designed by the developers to be freely modded by the community at will

I'm really tired of high scoreboards being useless and the GTS being jammed full of stupid impossible Lv 100 shinies that can only be traded for other stupid Lv 100 shinies
 
Oct 25, 2017
9,442
#85
not to mention that something being illegal doesn't make it morally wrong. In philosophy of ethics the law is even considered the lowest form of morality...
It's perfectly fine to stand up for some forms of piracy.
I would like to know what type of piracy is fine to stand up for
 
Oct 30, 2017
173
#86
Can we do the inverse as well, ban people who deny that homebrew is always the first step to piracy?

It always starts with homebrew. Like owning a gun is the first step to shooting someone - doesn't guarantee it, but literally can't happen otherwise.
What stupid comparison. Guns are made for one thing - killing. Home brew is not created for one thing, and opens up a console for far more then just that the one thing it enables that half the people in this thread are focusing on.

I’m not denying people are using there hacked switches to for stealing games. Condemning anyone who mods there systems it in that group is being willfully ignorant. People doing bad things should not prevent other people who are not doing anything wrong.

The disturbing thing here is it doesn’t seem like these videos had anything to do with DMCA related content, yet people seem to be more concerned about yelling “piracy!” Then anything else.
 
Last edited:
Oct 25, 2017
1,141
#88
I would like to know what type of pyracy is fine to stand up for
I find the piracy of abandonware and almost lost media to be possibly moral. There are things that would be completely lost to history without someone saving a copy and distributing it. Like the Star Wars Holiday Special, which has never been officially redistributed and shown only once in the US.
 
Oct 27, 2017
129
#89
You guys really standing up for piracy just because Nintendo is a big corporation...?
Homebrew isn't piracy. It gives you control over your device, that's it. Abuse of that is responsibility of the user. Would you equate PCs to piracy just because the platform offers freedoms similar to the ones people seek with homebrew and custom firmware?
 
May 9, 2018
532
#90
What stupid comparison. Guns are made for one thing - killing. Home brew is not created for one thing, and opens up a console for far more then just that the one thing it enables that half the people in this thread are focusing on.
I live in Russia and don't even own a gun, and I still know that there's at least also sporting use and hunting, with an extra aside for intimidation/personal defense that isn't necessarily killing. How about you don't focus on one thing as well. ;)

And hey, sure. First step to killing someone with a shovel, is owning a shovel - it's just less evocative. It's the principle of the thing, not the details. Homebrew is a tool, and that tool is used for both benign and harmful things - and the benign are almost entirely not worth it for the damage the harmful things do overall.
 
Oct 27, 2017
2,630
#91
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.
If we’re going to use farfetched arguments, the first step to piracy is being born, so let’s abolish babies. Also, I heard that studying medicine is a great step on the way of becoming a biological terrorist.

Jeez, the lengths some people on this board will go to show their reverance towards multi million dollar companies blows my mind.
 
Oct 25, 2017
1,966
#92
Can we do the inverse as well, ban people who deny that homebrew is always the first step to piracy?

It always starts with homebrew. Like owning a gun is the first step to shooting someone - doesn't guarantee it, but literally can't happen otherwise.
walk this back please
 
Oct 27, 2017
129
#93
And hey, sure. First step to killing someone with a shovel, is owning a shovel - it's just less evocative. It's the principle of the thing, not the details. Homebrew is a tool, and that tool is used for both benign and harmful things - and the benign are almost entirely not worth it for the damage the harmful things do overall.
It's a remedy to the original harm of corporations trying to restrict your use of your own computing devices.
 
Oct 27, 2017
2,963
#94
Can we start banning people who equate using home brew to piracy? Anytime there’s a thread about home brew it always devolves into the same thing.

It’s kind of disgusting to see not the ignorance in this thread as well as the idea that it’s okay to abuse power because they don’t agree with something.

I’d love to hack my switch. I have zero interest in stealing games. Running Linux and Android on it sounds awesome to me.
Why not just lift the piracy ban? This holier than thou attitude is odd. Why exactly do we care how and what a person does to play a game? Do we do the same for movies? TV shows? Music? Where I’m at I’m a regarded as a goofball for having 200 blu-ray movies on the shelf instead of a 8TB NAS and chromecast.
 
Mar 23, 2018
104
#95
People should have the right to do whatever they want with their property as long as it doesn't hurt anyone.

"Hacking" a game machine doesn't hurt anyone.
 
Oct 30, 2017
173
#96
I live in Russia and don't even own a gun, and I still know that there's at least also sporting use and hunting, with an extra aside for intimidation/personal defense that isn't necessarily killing. How about you don't focus on one thing as well. ;)

And hey, sure. First step to killing someone with a shovel, is owning a shovel - it's just less evocative. It's the principle of the thing, not the details. Homebrew is a tool, and that tool is used for both benign and harmful things - and the benign are almost entirely not worth it for the damage the harmful things do overall.
Are you denying the guns were created for killing just because they can be used for something else?

Guns are made for killing. You understand that hunting is killing, and self defense is using the threat of killing...

Homebrew on the other hand, is not made for piracy.

I think we’re done here, it seems like you’re just trolling at point I see.
 
Nov 2, 2017
1,566
#97
A lot of bad takes in this thread.

Homebrew doesn’t necessarily mean piracy. You’re well within your rights to modify a device you own to run code that wasn’t intended for the device. It only becomes illegal when you use that freedom to play pirated games. Even emulators aren’t necessarily illegal since you’re supposed to rip ROMs yourself.

People who can acknowledge that and still complain about it just sound like corporate apologists.
 
Oct 25, 2017
1,141
#98
And hey, sure. First step to killing someone with a shovel, is owning a shovel - it's just less evocative. It's the principle of the thing, not the details. Homebrew is a tool, and that tool is used for both benign and harmful things - and the benign are almost entirely not worth it for the damage the harmful things do overall.
It allows me to emulate games I legally own, it allows me to make multiple back up saves, it allows me to customize the UI for my own personal tastes, it allows me to mod games to add features like same sex relationships in games like Fire Emblem or more characters for Smash.

Yeah, no, its benign usages are far worth it, more so for someone like me who has a lot of games in their collection that they want to carry with them whenever and wherever, someone like me who desires more LGBT representation and use mods to add them, and someone like me who has devices break down on them every couple of years because I'm a klutz.

Piracy is almost always a service issue, and if Nintendo didn't fucking restart their retro collection back to NES and slow drip them til the end of a console life-cycle every time they release new hardware, if they allowed modding support, if they allowed personal customization for the console's UI, and if they gave me a way to actually make back up saves without making me pay for a service that's below par and doesn't even apply to all games, I wouldn't need to homebrew.
 
Feb 8, 2019
134
#99
Providing a step by step process on youtube to jailbreak switch? I would try to get rid of this stuff when i would be in ninty position aswell. The right tool? No but still. Most (yes theres a minority using it differently i have to admit) people would use it for roms and pirated stuff anyways. And all in all the internet is full of step by step written tutorials. This guy was making money with YT videos like this. It was just a matter of time until ninty strikes.
 
Oct 25, 2017
2,096
Can we do the inverse as well, ban people who deny that homebrew is always the first step to piracy?

It always starts with homebrew. Like owning a gun is the first step to shooting someone - doesn't guarantee it, but literally can't happen otherwise.
This is one spicy hot take.