A YouTuber showcases and reviews gaming consoles. Now he faces several years in prison. Specifically, it concerns the games he might have used on his consoles.
Who is it about? The Italian YouTuber Once Were Nerd covers a variety of topics related to retro gaming. His focus is primarily on handheld consoles that allow for the easy use of older games.
However, a recent review of a handheld has become a problem for the YouTuber. According to the YouTuber, on April 15, customs officials from the Guardia di Finanza (a specialized Italian police force that falls under the Ministry of Economy and Finance) appeared at his home and office with a search warrant to investigate the distribution of pirated copyrighted materials. This was reported by the English-language magazine Androidauthority.
YouTuber accused of using illegal copies of games on his devices
What is the YouTuber accused of? The Italian YouTuber is accused of distributing pirated copyrighted material.
However, under Italian law, officials are not required to specify the nature of the allegations or who made them until the initial investigations are completed. The complaint against the YouTuber explicitly mentions the reproduction of copyrighted material from Nintendo and Sony.
What is the problem? The problem is not the handhelds, but the games that are being distributed with the devices. Some manufacturers sell not only hardware but also promote “pre-installed games.” The issue here: The games were not legally acquired by the seller, but are usually illegal copies.
The problem with the YouTuber is that he not only uses the material privately but also shows it openly in his videos. And microSD cards filled with copyrighted ROMs are punishable under Article 171 of the Italian Copyright Law (via WIPO.int). This law, originally drafted in 1941 and updated in 2003, imposes a maximum penalty of €15,000 and three years in prison.
If the YouTuber has indeed used illegal material or games, he faces a prison sentence.
How does it look in Germany? In Germany, it is quite similar: § 106 UrhG prohibits the unauthorized reproduction, distribution, or public performance of copyrighted works. In Germany, violations are punished with a fine or imprisonment of up to three years.
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