Nintendo hits popular homebrew YouTuber, Modern Vintage Gamer, with numerous copyright claims forcing him to stop making Switch homebrew videos – What’s happened and why this is behaviour is very dangerous.

Aurora

I'm a girl that's liked technology from day 1. Mostly interested in the PSVita/PSP scene but I've always modded my stuff when it's possible, that is :)Contact me via DM at @KawaiiAuroraA on Twitter if you have any questions/concerns about my articles or if you have any article requests.

37 Responses

  1. GottZ says:

    this scares me..
    someone should tell youtube about this.

    • Raul says:

      Youtube doesnt give a s..t

    • ivorysoul says:

      YT doesn’t care as they fully support this. These are LAWS that are written in nearly every country that is backed up by courts. That’s why MVG just complied, there’s NOTHING you can do. It’s not right, but it’s totally legal on Nintendo’s part.

      • babbo says:

        no it’s not legal.
        Making a false claim is against youtube’s terms of service and against fair use, therefore illegal.
        If he was to take nintendo to court, he would easily win, but it would cost him a huge amount of money and time.

        • bebobs says:

          100% legal.

          “Without a doubt, this is a direct threat to 1.) freedom of speech, 2.) fair use and the 3.) ability to use one’s hardware as they please”

          1.) this is has NOTHING to do with freedom of speech. so, not even relevant.
          2.a) fair use still means you must comply with the material usage rights, which the youtuber did not.
          2.b) this is actually covered in Nintendo’s ToS.
          3.)people clearly don’t read the fine print that comes with their hardware. again, the ToS covers this.

          this whole things reminds me of a South Park episode making fun of people who don’t read the ToS. making fun that Apple will take over the world and own your life because you don’t read the ToS. there ARE laws that help protect people against the ToS, but they don’t help protect people against their own ignorance.

          do i like what Nintendo is doing? not in one bit! not the slightest! however, it is plenty easy to think what they are doing is wrong. but the sad fact is, is that it isn’t wrong. that is, in the sense they are well within their legal rights to do this. again, 100% legal on their behalf.

          this isn’t the first time Nintendo has done this, and most likely won’t be the last. from what i can tell, Nintendo is like the most vigilant company out there when doing things like this. peeps better watch out.

          • nyet says:

            “this is actually covered in Nintendo’s ToS.” This doesn’t have anything to do with Nintendo’s ToS, they filed a false copyright claim on his video, in a plataform that’s not owned by Nintendo. If it were a Nintendo owned plataform they could pull the ToS card, because well, it would be their service. They should have sent a cease and desist letter and/or take legal action, in any case, this was not a copyright issue and filing a false copyright claim is indeed illegal.

          • ivorysoul says:

            They did it when the Zelda in Unreal Engine 4 was released. I guess they got scared someone was making a better Zelda game then them and they shot all the footage and actual playable tech demo down.

        • bebobs says:

          also, you don’t seem to understand what terms of service actually is. a companies ToS isn’t legally binding. you are thinking about copyrights, among other things too.

          just because you may violate a companies ToS, doesn’t mean you can be incarcerated. again, that is copyrights, among other things too.

          violate Nintendo’s ToS, and they can punish you however they see fit. which may include any one or more of the following… ban account, ban console and they even have the right to push firmware updates that will brick a modified console. there’s ZERO law that will protect against this type of behavior. you agree to this in their ToS. you can file a lawsuit, but the chances of you winning are pretty much zero.

          NOW, once upon-a-time companies were able to legally bind you to their ToS. basically stating that they owned whatever machine you installed their software on. what i mean is… say you bought a PC without an OS installed and bought Windows separately. installing that OS would entitle Microsoft to ownership of your machine. and Apple was pretty bad too, their ToS basically sub-contracted a part of your life to them.

          again, we now have laws to protect us against this sort of stuff. but again, those laws don’t protect people from their own ignorance.

          • bebobs says:

            i should state for the record that PORTIONS of a companies Terms of Service CAN be legally binding. but the ToS in of itself is not. it must explicitly stated and defined within the ToS for it to become legally binding.

        • ivorysoul says:

          The term “take them to court” and “Sue them” is also highly abused and overused. No lawyer would touch this. Just because Nintendo said something was in a video and isn’t – isn’t AGAINST THE LAW. IT’s against YT’s TOS which isn’t the law, and it’s not a substantial offense. Unless MVG lost a significant amount of revenue or suffered damage in some way over that video not a single lawyer would touch it and it would get thrown out of small claims court. Maybe try to think of both sides before making a one-sided comment like that.

          • KiraSlith says:

            It’s a violation of the Digital Millennium Copyright Act to file a fraudulent copyright claim. This has already been tested up to the Ninth Circuit in the Lenz vs Universal lawsuit. Nintendo has no grounds here, if he sues Nintendo, it’s not a question of if he will win, but when.

  2. Christian van Offeren says:

    Just make a new account.. Whats the fuss man.. or use vpn if unable.

    • Technical Monkey says:

      Or better yet: Just move to Dailymotion.

    • bino says:

      ??? And get all subscribers back? And how is the origin of the upload related to this at all, a VPN doesn’t change anything (except for regionlocked videos – which wasn’t the case here).

    • ivorysoul says:

      Your comment makes absolutely ZERO sense. Making a new account is more for viewers. How would he get his subscribers and Google Ad Sense account back? You realize he makes MONEY off of this right? And a VPN has NOTHING to do with this situation. Are you high or just dumb?

  3. snintendog says:

    good old NOA being JAs god i am starting to hate american companies and branches based in america now.

  4. Franky says:

    I’ve never played nice with these massive companies. They don’t care about you and your precious childhood memories with their games, they just want to make money even through dishonest and shady means like this. Stop giving these companies your money until they realize who pays their bills.

    Ironically they would make more money by embracing homebrew, thus selling more hardware, thus selling more software.

  5. evilpaul says:

    I’m pretty sure he could just respond with a counterclaim. Nintendo will sit on it for 30 days or however long they have to actually do something, the time will lapse, and the videos will be reinstated.

  6. Randomguy says:

    Just a tip, start making games library on hard drives, soon you wont be Able to download them and homebrew scene would be dead in no time, acta2. 0 is here.

  7. Jack Attack says:

    It’s not censorship for a host of reasons. Is it troubling? Sort of. Is it annoying? You bet! Get upset at your governments not protecting people’s rights first. Then don’t use youtube for this type of content and use something else. Done. Now use the remaining energy to get your representatives, if your country has any, to REPRESENT YOUR RIGHTS!

    • DBG says:

      Thank you. Aurora gets a few things wrong in this article, but I wish the sentiment that “freedom of speech” somehow applies to a privately owned video hosting site would be recognised by more people as false (you agree that YouTube can take down any video you upload to their service for any reason when you sign up).

      Sadly, true fair-use cases can not always be fought (even if you are willing to go to court); it all depends on the type of complaint (which may not be legal, even under YouTube’s ToS).

  8. lordp says:

    just buy a vita

  9. DSpider says:

    The more they’ll try to stop people from spreading the idea that homebrew can run on their console, the more it will happen. It’s called the Streisand Effect (seriously, look it up). It’s happening even right now, with this article.

  10. thuhlover says:

    Looks like what they made here with d e h t t – s a m a

  11. lollypop says:

    because is it is !!!!

  12. ivory_soul says:

    Ok, “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:” The term “freedom of speech” is highly overused and I think most people don’t understand what it really means. This has NOTHING to do with freedom of speech, this is a copyright issue. Copyrights don’t fall under freedom of speech, that term is so abused. Second, Nintendo has every right to do this as Disney comes down pretty hard to and they’re allowed to. There are LAWS that protect companies intellectual properties.

    Now, with that said this is still stupid. Nintendo doesn’t HAVE to do it, sure, but they have every legal right to do so, it’s just annoying and I’m sure MVG understands this. Also, this won’t stop people from hacking consoles, trust me. Sony tried REALLY hard to stop the PSP’s homebrew scene and it just made it bigger. It is probably the single biggest console homebrew scene to ever exist. @DSpider already explained that a bit.

  13. nebu_187 says:

    Modern Vintage Gamer has some great content and at least there is some publicity to be made here about his channel!

  14. Tony says:

    Devs afraid and targetted next? Please have some common sense there is no way they can be targetted just because a user is selling a hacked console, it’s very unlikely that homebrew for ANY project will stop because of it, if anything nintendo will simply go after the ones selling it and that will be the end of it.

  15. whocare says:

    I kinda blame him. *** ***, OF COURSE he instantly steps down. Now he set a precedent

  16. Mcall says:

    I would just like to point out that Tech James is having the same issues.

  17. Sholid says:

    Many assumptions, many errors. For gods sake, emulation is illegal 90% of the time. We all know that most homebrewers (not all, but most) have illegal emulation happening. Nintendo has every right for this.

    And when it comes to others having these videos, well, good luck on Nintendo finding them all. You think that going for a bunch of people with very few subscribers would do as much? Going after a few popular channels intimidates and tries convincing people to back off. Aggressive, but that’s what it is.

    And holy ***, nothing about this is freedom of speech. Showing a video of emulation without even showing proof of owning the game has nothing to do with freedom of speech. Get it straight.

    Obviously, I’m one of the few home brewing without a bunch of emulation and pirating. Rant done.

  18. qubits_ says:

    Some body @Nintendo dont like aussies MVG, Last Gamer and Skullator New Zealander all have takedowns.

  19. Abominos says:

    If that’s how Nintendo wants to play, then so be it. MVG can just go on making switch homebrew videos without demonstrating any Nintendo-made games.
    Instead of showing Mario Kart 64, he can demonstrate San Fransisco Rush 2049 instead.

    His videos have typically been focused on “that” you can play homebrew, rather than delving too deeply into “how”. So, I think Nintendo won’t be able to touch him, so long as he’s careful about not showing any Nintendo-owned games in his videos.

  20. DarkHao says:

    When ur subscriber was hater and work in Nintendo.. =\

  21. Nightstorm says:

    Someone should get the EFF on this asap.