Submission + - A Retro Gaming YouTuber Faces Possible Jail Time For Reviewing Gaming Handhelds (androidauthority.com)
An anonymous reader writes: Italian YouTuber Once Were Nerd covers a variety of retro gaming topics, but his reviews of ANBERNIC devices appear to be the straw that broke the camel’s back. According to the video [here], customs enforcement officers from the Guardia di Finanza showed up at his home and office on April 15 with a search warrant to investigate promotion of pirated copyrighted materials. They seized a variety of ANBERNIC, Powkiddy, and TrimUI gaming handhelds from his collection. In total, more than 30 consoles were taken. The creator, assuming he didn’t do anything wrong, complied with demands, providing full transcripts of his conversations and chats with gaming handheld manufacturers. The officers also took his phone, promising to return it in a few days. It was returned two months later, on June 15.
According to the video, officials are not required to disclose what exactly the charges are or who has brought them until the initial investigation is complete under Italian law. At that point, the case is either dismissed or goes to trial. The complaint specifically mentions reproduction of copyrighted material from Nintendo and Sony, but the case may originate from the agency itself. However, in the meantime officials have the option to shut down his channel, even before proving any wrongdoing. This is a scary prospect for any creator who has spent years building a channel, and unlike YouTube copyright strikes, there’s likely no remedy.
Currently, officials contest that his reviews of ANBERNIC devices like the RG Slide, which often, but not always, ship with microSD cards filled with copyrighted ROMs, are punishable under Article 171 ter of the Italian Copyright Law. This law, which was originally written in 1941, allows for a maximum punishment of 15,000 euros (or 30 million Italian Lira, since the law pre-dates the Euro) and three years of jail time.
According to the video, officials are not required to disclose what exactly the charges are or who has brought them until the initial investigation is complete under Italian law. At that point, the case is either dismissed or goes to trial. The complaint specifically mentions reproduction of copyrighted material from Nintendo and Sony, but the case may originate from the agency itself. However, in the meantime officials have the option to shut down his channel, even before proving any wrongdoing. This is a scary prospect for any creator who has spent years building a channel, and unlike YouTube copyright strikes, there’s likely no remedy.
Currently, officials contest that his reviews of ANBERNIC devices like the RG Slide, which often, but not always, ship with microSD cards filled with copyrighted ROMs, are punishable under Article 171 ter of the Italian Copyright Law. This law, which was originally written in 1941, allows for a maximum punishment of 15,000 euros (or 30 million Italian Lira, since the law pre-dates the Euro) and three years of jail time.
