Via Wololo.net
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.
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.