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

Inugami

Inugami

Member
Oct 25, 2017
14,995
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.
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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
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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.
 
808s & Villainy

808s & Villainy

Banned
Oct 27, 2017
42,700
KojiKnight said:
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.
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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
 
vestan

vestan

#REFANTAZIO SWEEP
Member
Dec 28, 2017
24,605
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...
 
spam musubi

spam musubi

Member
Oct 25, 2017
9,380
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.
 

ISOM

Banned
Nov 6, 2017
2,684
Does this actually fit under the rules of copyright claims? This seems like a stretch.
 
Smash Kirby

Smash Kirby

One Winged Slayer
Member
Nov 7, 2017
4,066
Part of Nintendo's new YouTube policy to take down videos that contain footage of Nintendo ROMS running in an emulator.
 
Umbrella Carp

Umbrella Carp

Banned
Jan 16, 2019
3,265
Chindogg said:
It's showing how to violate their copyright, so maybe? Grey area.
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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.
 
scitek

scitek

Member
Oct 27, 2017
10,048
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
 
Umbrella Carp

Umbrella Carp

Banned
Jan 16, 2019
3,265
scitek said:
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
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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."
 
Soulflarz

Soulflarz

Member
Oct 25, 2017
2,800
Umbrella Carp said:
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.
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this.
 

Halabane

Member
Nov 10, 2017
243
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:///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.
 
Sean Mirrsen

Sean Mirrsen

Banned
May 9, 2018
1,159
If guides on how to hack one's Nintendo Switch are targeted, less tech-savvy users may decide not to hack their console
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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.
 
ImpendingFoil

ImpendingFoil

Avenger
Oct 27, 2017
1,232
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.
 
Hailinel

Hailinel

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Oct 27, 2017
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If he was showing how to hack Switches in his videos, then well, it's his own damn fault.
 
Kvik

Kvik

Banned
Oct 25, 2017
889
Downunder.
Chindogg said:
It's showing how to violate their copyright, so maybe? Grey area.
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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?
 
Hailinel

Hailinel

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Oct 27, 2017
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Kvik said:
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?
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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.
 
Wulfric

Wulfric

Member
Oct 25, 2017
5,963
Sean Mirrsen said:
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.
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Ah yes, because we should only use our hardware in it's official capacity. Get real.
 
Wereroku

Wereroku

Member
Oct 27, 2017
6,176
Voxl said:
How is it an abuse if its legally in their rights?
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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

Voxl

Self-requested ban
Banned
Oct 27, 2017
234
Wereroku said:
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.
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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

Kvik

Banned
Oct 25, 2017
889
Downunder.
Hailinel said:
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.
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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.
 
Hailinel

Hailinel

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Kvik said:
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.
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Is it, though?

Voxl said:
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
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Sean Mirrsen

Sean Mirrsen

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Wulfric said:
Ah yes, because we should only use our hardware in it's official capacity. Get real.
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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.
 
Hokey

Hokey

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Oct 29, 2017
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What is the main purpose of Homebrew? Does it allow for a way to pirate games?
 
Wulfric

Wulfric

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Oct 25, 2017
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Sean Mirrsen said:
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.
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And how should this information be disseminated? Carrier pigeon?
 
Wereroku

Wereroku

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Oct 27, 2017
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Wereroku

Wereroku

Member
Oct 27, 2017
6,176
Trojita said:
There's been exemptions but I'm not sure where they stand now
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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.
 
Oklusion

Oklusion

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Nov 22, 2018
159
Hailinel said:
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.
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This is the same argument that TV stations were using when VHS was invented and they got their asses handed to them in court.
 
Sean Mirrsen

Sean Mirrsen

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May 9, 2018
1,159
Wulfric said:
And how should this information be disseminated? Carrier pigeon?
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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.
 
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