• Introducing Image Options for ResetEra 2.0! Check the left side navigation bar to show or hide images, avatars, covers, and embedded media. More details at the link.

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

Oct 27, 2017
568
KC
Not a single of his videos goes over on how to circumvent game's copy protection.
I didn't say anything about a games copy protection. I'm specifically talking about what needs to happen to enable any kind of homebrew on Switch. That requires circumventing the systems security. Doing so is not legal. So if he is showing how to install homebrew on a Switch it is a violation.
 
Oct 28, 2017
639
It would be if they owned YouTube.
Nintendos conditions for Youtube videos:
  • You may monetize your videos and channels using the monetization methods separately specified by Nintendo. Other forms of monetization of our intellectual property for commercial purposes are not permitted.
  • We encourage you to create videos that include your creative input and commentary. Videos and images that contain mere copies of Nintendo Game Content without creative input or commentary are not permitted. You may, however, post gameplay videos and screenshots using Nintendo system features, such as the Capture Button on Nintendo Switch, without additional input or commentary.
  • You are only permitted to use Nintendo Game Content that has been officially released, or from promotional materials officially released by Nintendo (such as product trailers or Nintendo Directs).
  • If you want to use the intellectual property of a third party, you are responsible for obtaining any necessary third-party permissions.
  • You are not permitted to imply or state that your videos are officially affiliated with or sponsored by Nintendo.
  • We reserve the right to remove any content that we believe is unlawful, infringing, inappropriate, or not in line with these Guidelines.
Q10: Will there be cases where Nintendo will remove content from sharing platforms?
A10: Yes, we reserve the right to remove any content that we believe is unlawful, infringing, inappropriate, or not in line with the Guidelines. In some cases, Nintendo may take down videos on behalf of our third-party partners.

Q11: What do you mean by content that is "unlawful, infringing, or inappropriate"?
A11: Examples of unlawful, infringing, or inappropriate content include, but are not limited to, content that incorporates Nintendo intellectual property and:
  • Violates applicable laws;
  • Infringes the intellectual property rights of Nintendo; and/or
  • Features pirated Nintendo software.


https://www.nintendo.co.jp/networkservice_guideline/en/index.html
 
Oct 25, 2017
7,285
Last edited:
Oct 26, 2017
1,324
Nintendos conditions for Youtube videos:
  • You may monetize your videos and channels using the monetization methods separately specified by Nintendo. Other forms of monetization of our intellectual property for commercial purposes are not permitted.
  • We encourage you to create videos that include your creative input and commentary. Videos and images that contain mere copies of Nintendo Game Content without creative input or commentary are not permitted. You may, however, post gameplay videos and screenshots using Nintendo system features, such as the Capture Button on Nintendo Switch, without additional input or commentary.
  • You are only permitted to use Nintendo Game Content that has been officially released, or from promotional materials officially released by Nintendo (such as product trailers or Nintendo Directs).
  • If you want to use the intellectual property of a third party, you are responsible for obtaining any necessary third-party permissions.
  • You are not permitted to imply or state that your videos are officially affiliated with or sponsored by Nintendo.
  • We reserve the right to remove any content that we believe is unlawful, infringing, inappropriate, or not in line with these Guidelines.
Q10: Will there be cases where Nintendo will remove content from sharing platforms?
A10: Yes, we reserve the right to remove any content that we believe is unlawful, infringing, inappropriate, or not in line with the Guidelines. In some cases, Nintendo may take down videos on behalf of our third-party partners.

Q11: What do you mean by content that is "unlawful, infringing, or inappropriate"?
A11: Examples of unlawful, infringing, or inappropriate content include, but are not limited to, content that incorporates Nintendo intellectual property and:
  • Violates applicable laws;
  • Infringes the intellectual property rights of Nintendo; and/or
  • Features pirated Nintendo software.


https://www.nintendo.co.jp/networkservice_guideline/en/index.html
This youtuber did not sign a contract with Nintendo.
 
Oct 27, 2017
1,511
I didn't say anything about a games copy protection. I'm specifically talking about what needs to happen to enable any kind of homebrew on Switch. That requires circumventing the systems security. Doing so is not legal. So if he is showing how to install homebrew on a Switch it is a violation.
Which protected work would be involved in this scenario? The console itself?

Nintendos conditions for Youtube videos:
  • You may monetize your videos and channels using the monetization methods separately specified by Nintendo. Other forms of monetization of our intellectual property for commercial purposes are not permitted.
  • We encourage you to create videos that include your creative input and commentary. Videos and images that contain mere copies of Nintendo Game Content without creative input or commentary are not permitted. You may, however, post gameplay videos and screenshots using Nintendo system features, such as the Capture Button on Nintendo Switch, without additional input or commentary.
  • You are only permitted to use Nintendo Game Content that has been officially released, or from promotional materials officially released by Nintendo (such as product trailers or Nintendo Directs).
  • If you want to use the intellectual property of a third party, you are responsible for obtaining any necessary third-party permissions.
  • You are not permitted to imply or state that your videos are officially affiliated with or sponsored by Nintendo.
  • We reserve the right to remove any content that we believe is unlawful, infringing, inappropriate, or not in line with these Guidelines.
https://www.nintendo.co.jp/networkservice_guideline/en/index.html
That's just Nintendo telling you they'll use Youtube's systems against you if they don't like what you post. They aren't necessarily in line with the legal rights they have as copyright holders.
Do you think Nintendo should be able to delete your ResetEra posts if they don't like them just because you have a copyrighted image for your avatar?
 
Oct 25, 2017
3,997
This rules apply to every upload to youtube.
They can attempt to remove content as such, but DMCAis not the right way to do it. This is textbook DMCA abuse. Also, please do show where the person in the video uses pirated software or infringes on copyright. Jailbreaking is protected from DMCA and he has his own ROMs.
 
Oct 28, 2017
639
Which protected work would be involved in this scenario? The console itself?


That's just Nintendo telling you they'll use Youtube's systems against you if they don't like what you post. They aren't necessarily in line with the legal rights they have as copyright holders.
Do you think Nintendo should be able to delete your ResetEra posts if they don't like them just because you have a copyrighted image for your avatar?
When article 13 comes its ResetEras responsibility to deal with this.
 
Oct 25, 2017
10,287
I didn't say anything about a games copy protection. I'm specifically talking about what needs to happen to enable any kind of homebrew on Switch. That requires circumventing the systems security. Doing so is not legal. So if he is showing how to install homebrew on a Switch it is a violation.
Circumventing the systems security is legal https://www.google.com/amp/s/www.wired.com/2010/07/feds-ok-iphone-jailbreaking/amp

Not to mention, once again, that plenty of the videos taken down didn't have instructions of any sort.
 
Oct 25, 2017
3,997
Oct 25, 2017
7,285
Not really. This makes a case for exemptions that can be granted by the Librarian of Congress. It is not a blanket and certain conditions must be met. Which means it is still illegal except under certain conditions.
The condition being that you're not pirating shit.

These are final rulings, they're the law of the land unless challenged and overturned in federal court.
 
Oct 27, 2017
98
Oct 25, 2017
4,714
Jailbreaking is legal, and one of the listed DMCA exceptions, but I'm not sure if that exception extends to video game devices. The DMCA is really particular about that, honestly to a point where it gets in the way of legitimate use cases a lot of the time. And the ESA have lobbied a lot to prevent them from being included in such exceptions.

People here should donate to the EFF. It's them who have been fighting for a lot of these exceptions to help both consumers and independent software developers. Meanwhile the ESA (which Nintendo are a part of, alongside most of the big players in this industry) have been fighting against it because they want full control, even arguing against exceptions which have been used to mod games so disabled players could play them.
 
Oct 27, 2017
1,186
MVG is the reason I put homebrew on my Switch at all. He made it all so easy to understand and was thorough in showing what runs at what speeds. Loved the comparison vids. It’s a shame.
 
Oct 27, 2017
914
As I understand it the videos weren't exactly full blown tutorial videos but more of a "current state of the homebrew scene" sort of deal.
Sorry, just going off OP:

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.
What are you talking about?
 
Oct 25, 2017
3,320
I didn't say anything about a games copy protection. I'm specifically talking about what needs to happen to enable any kind of homebrew on Switch. That requires circumventing the systems security. Doing so is not legal. So if he is showing how to install homebrew on a Switch it is a violation.
Circumventing system security is 100% legal. Where do you people even get this stuff from?

Regardless of whether this is what DMCA is for or not, the smallest violin in the world plays for people who post instructional videos on how to hack current consoles.
Why? How does it harm you or Nintendo or literally anyone that someone hacks their own system? I guess we should lock Kevtris up, folks - he likes hacking things and that is clearly morally abhorrent because uh..!
 
Oct 26, 2017
1,324
They violate Nintendos rules so they are not fine.
Why does Nintendo's opinion of the content uploaded to a content platform they do not own carry much of any weight at all? Multiple aspects of the list you provided earlier do not seem to be supported by law.

It is relevant in the sense that they will use the methods they have available to them to try to enforce their "rules", but they have no real authority here.
 
Jan 5, 2018
344
His videos include pirated software. Mario 64 is not on switch but he shows it running through a hacked Switch. Also other software.

He can still show games running on switch through emulation as long as its not Nintendo software.

the argument that he just shows homebrew stuff is wrong, he shows pirated software. the argument that he uses is that he owns a physical copy of Mario 64 so he is allowed to use and show a pirated version running which is incorrect.
 
Oct 25, 2017
4,714
His videos include pirated software. Mario 64 is not on switch but he shows it running through a hacked Switch. Also other software.

He can still show games running on switch through emulation as long as its not Nintendo software.

the argument that he just shows homebrew stuff is wrong, he shows pirated software. the argument that he uses is that he owns a physical copy of Mario 64 so he is allowed to use and show a pirated version running which is incorrect.
Running your own copy of the game in an emulator isn't piracy.

Running a downloaded copy sure, but we don't know anything about if he did that, and considering his long videos about ripping games on other platforms,. I doubt that.
 
Last edited:
Oct 28, 2017
639
Agreements have nothing to do with it. That's not how the DMCA system works.
You are wrong:
Video game and software content
What can I monetize?
Video game content may be monetized depending on the commercial use rights granted to you by licenses of video game publishers. Some video game publishers allow you to use all video game content for commercial use and state that in their license agreements. Likewise, videos showing software user interface may be monetized only if you have a contract with the publisher or you have paid a licensing fee.
To learn more about obtaining commercial use rights to third party content, please review how to read licenses to understand your rights and what YouTube looks for in your documentation.
What can't I monetize?
Without the appropriate license from the publisher, use of video game or software user interface must be minimal. Video game content may be monetized if the associated step-by-step commentary is strictly tied to the live action being shown and provides instructional or educational value.
Videos simply showing a user playing a video game or the use of software for extended periods of time may not be accepted for monetization.
You can find more information on copyright law and fair use here:
https://support.google.com/youtube/answer/138161?hl=en

How to read licenses to understand your rights
Royalty free software products and content owners, as well as video game publishers, often spell out your commercial use rights to their content, or content you created using their software, in their license agreements.
YouTube is not in a position to offer legal advice or to counsel you in any way. However, below are some tips to locate and read terms set by copyright holders.
  • License agreements can be located on the publisher/content owner’s website.
  • The licenses may be found in a number of places, so try searching for terms of use, grant of rights, terms and conditions, sharing, FAQs.
  • License agreements may explain the rights granted to licensees or end users and it is incumbent on you to appropriately read and interpret the license.
  • Some publishers have different types of licenses that grant different sets of rights to authorized content, so please ensure that the license you buy best suits your needs.
  • In addition to the license terms, you may also need to check the artists individual terms before using their content commercially.
For clear interpretation, please reach out to the license owner and clarify that you have all the commercial use rights to their content.
And this are Nintendos guidelines:

https://www.nintendo.co.jp/networkservice_guideline/en/index.html
 
Jan 5, 2018
344
User Warned: Please do not conflate emulation with piracy in these topics
Running your own copy of the game in an emulator isn't piracy.
yes it is. you are only allowed to make a copy (which must be made by you not downloaded or received from someone else) which runs on the same device as the original. This rule was made so it the copy gets damaged you still have the original. but in the case of Mario 64 is must be played on the N64 and no other device.