 Hey everyone, first off shout out to Mitchell Clybourne yet again who had this custom-made German wooden sword made for me with Nintendo Prime on it, kind of cool. Today we're going to talk about something that I don't enjoy talking about but it needs more attention brought to it I think because I don't know that anybody outside of the given community knows what's going on but Nintendo is manually censoring certain types of video on YouTube and we're talking about videos that are in the homebrew and I don't know if I want to call it the hacking scene but more so like the homebrew and emulation scene I'm talking about modern vintage gamer in particular and before I say anything on this topic because I have spoken about homebrew and emulation in the past on switch I will let modern vintage gamer explain the situation that's happening. So for those people that don't know on Tuesday I received a copyright claim for a switch video that I did back in October of 2018 called the Nintendo switch homebrew goes next level and this was claimed by Nintendo for Super Mario 64. Now Super Mario 64 features in my video for about maybe four to five seconds tops this is something that was a manual claim by someone at Nintendo so obviously Nintendo aren't happy with the fact that I'm releasing homebrew videos on the Nintendo switch on YouTube as it turns out this morning which is Friday morning on the 11th of April Nintendo decided to claim three more videos which is a total of four videos and for the same reasons they're all switch homebrew related videos and the claim reasons are for things like Mario Kart Splatoon 2 which by the way I don't have any Splatoon 2 footage in any of my videos and Zelda link to the past now in all instances it's because I'm running some type of screenshot or emulator of a gameplay running on a emulator on the Nintendo switch via homebrew methods now obviously Nintendo isn't happy that I'm releasing these types of videos and have decided to issue copyright claims against four of my videos but now that they've copyright claimed four of my videos that means things are a little different I'm being targeted by someone at Nintendo that obviously doesn't like the videos that I'm releasing for the Nintendo switch homebrew and wants to censor me and censor other people from the fact that homebrew does exist on the Nintendo switch and they are going after youtubers that are releasing homebrew switch videos and just issuing copyright claims for the most ridiculous reasons possible now before anyone tells me that you know emulation is illegal and ROMs are illegal and you got struck down because you were playing Super Mario 64 on the switch and you were running an illegal version of the ROM well let me tell you I own an original copy of Mario 64 I also own an original copy of Splatoon and I own original copies of all the games that I was demonstrating on the Nintendo switch when I was running Nintendo 64 and Super Nintendo emulation I've got originals of everything so that particular argument is null and void now first up I don't want to touch too much on the legality of emulation and all of that from my understanding from how it was explained to me by a lawyer essentially how the law reads is that you can emulate games you can use ROMs but you need to self-create those ROMs they can't be downloaded off the internet so it doesn't matter if you actually own a copy of the game what matters is that you self-created the ROM that you're using well you know off that copy that you own so whatever modern fitness gamer does not conveniently say that he created his own ROM he just says that he owns the game so that is a point of contention I suppose but also the thing is how would Nintendo know if he self-created that ROM or not right how would he have any idea they don't so that means that they are specifically targeting his channel because it talks about homebrew which by the way for all you guys out there that that like my stance against hacking right I kind of suggest people just don't bother doing it to their system because Nintendo frowns opponent as much as they do it's not actually against the law you can hack your system and homebrew it all you want you know it's fine so I don't agree that Nintendo should censor people talking about homebrew on switch I also don't think they should censor people talking about emulation the thing is that while I do not support doing such things because most people do it through illegal methods I don't I'm like I'm not against emulating the games on the whole I'm not against homebrew and while I understand that Nintendo is going to be against both of those I don't think that the copyright claims they're doing are actually legal but the problem is for someone like modern vintage gaming is that in order to properly dispute these claims you basically has to make a counter lawsuit against them because if you use the dispute process on well you know the way that YouTube has it set up well here's what how modern vintage gamer explains it what is happening here guys is that Nintendo is censoring people from releasing homebrew videos on the Nintendo switch and it's not right now my response to this is that this all falls under fair use this is a plain and simple fair use issue that means that I am within my right to file disputes and hopefully get my videos reinstated now I say hopefully because I don't really know if that's going to happen unfortunately when there is a copyright claim that is sent against you YouTube does not get involved in the adjudication process whatsoever so if you decide that you want to file a dispute against that claim it goes back to the claimants themselves to basically adjudicate and make a decision now of course Nintendo is most likely going to turn around and say if you you're not getting these videos reinstated and that's going to be the end of it so yeah basically if you use YouTube system it's up to Nintendo to decide oh yeah we made a mistake these were manual claims these were not automatically grabbed so they're not going to suddenly say oh yeah it was an automatic you know grab me a mistake no it's a manual claim so the next step after that is to take legal recourse and basically countersue against Nintendo that claiming that this is an infringement upon fair use and obviously have the court system take care of it from there the problem is that obviously gets lawyers involved that obviously comes with lawyer fees and all this stuff you usually have to pay up front there aren't many lawyers are big oh yeah we'll take your case because we think you're going to win and then we'll just take you know I'll cut off the top of the winnings that's not always how it works so yeah I usually have to front the cost first and then if you win sometimes the other side will pay for your lawyer fees and all that but that has nothing to do with starting the lawsuit you have to have money in the first place and I'm not gonna sit here and get into his financials because I don't know them but I know that it's a very expensive very lengthy process that can last years in years in the court system and for someone like minor vintage gaming who's just a your average youtuber like me obviously a more popular one it doesn't it doesn't feel worth it to him and unfortunately the problem with it not being worth it for him is he's no longer going to be covering homebrew on this channel when it comes to Nintendo switch and I think that's a shame and that means that Nintendo has won because Nintendo is being allowed to you flex their muscles in a way that that's probably not legal and get away with it on YouTube because this particular person isn't willing to do anything about it and I'm not going to get mad at him for being unwilling like if they did it to me I think the easiest thing is for me to stop making whatever kind of content that is offending Nintendo because you don't want to be on a company's bad side like that even if you won a lawsuit what's the chance that he'll ever be on friendly terms with Nintendo again you know say he goes to E3 and he's trying to get like you know a media pass and and get like a booth tour like Nintendo is not gonna let him do that if he's on their bad side so like I understand that he obviously also has that reputation with Nintendo that he doesn't want to completely sour even if it means he can't cover that kind of content anymore that doesn't mean he won't make any switch videos at all but he's definitely not making any homebrew stuff so I think that it's a shame that we as youtubers need to worry about stuff like this and I get that we've had worries in the past Nintendo used to be much worse much much worse we couldn't use any game footage or any trailers without risk of copyright claims and Nintendo changed their stance on that and you would figure oh well he's just showing footage of games you know how does that go against Nintendo stance it doesn't technically but Nintendo doesn't like homebrew they don't like emulation they don't like people talking about how you can homebrew and emulate games on their platform even though in some cases it's not actually against the law so I think that this is a problem that needs the attention of the grander Nintendo community because regardless of where you stand if you're like yeah screw hackers yeah screw the homebrew community yeah screw all the pirates out there this also hurts people that legitimately just want to play games they already own on the current system rather than having to have a zillion systems hooked up at once I don't think there's anything wrong if someone wants to take their entire retro library of games and you know basically turn them into ROMs and then use those ROMs through an emulator on their PC or on switch I don't think there's anything wrong with that inherently and while I don't encourage people do those practices because of the way Nintendo frowns against it it's also not illegal so I have no issue if you're doing that and I don't think that we should allow Nintendo to just sit back and really nearly be able to censor people that are doing that and might be doing it legally I think that this is one of those cases just like with Nintendo over the years when they were trying to exercise you know try to tell us what fair use is about using their game footage and all that where we got sick and tired of it and we constantly complained and we constantly backlash and then Nintendo changed their policy I think this is also one of those things that if enough of us youtubers draw attention to it if enough of us keep spouting how this just shouldn't be allowed that Nintendo will eventually back off these kind of stances I don't know if they're gonna remove the copyright claims off of his videos but I mean by the way they didn't just like claim his videos they blocked them worldwide like that's that's like beyond just like oh yeah we're gonna take the revenue from your videos no this is oh no we're gonna make sure these videos aren't seen by anyone that's that's the kind of censorship we're talking about here that Nintendo's exercising manually and I think if enough of us talk about it enough of us make a hubbub it will eventually change it's not gonna change now it might not change by the end of the year but the more we bring it up the more Nintendo is gonna be kind of forced to back off at this stance because the last thing Nintendo wants to do is alienate huge chunks of their consumer base that actually purchase their games and there are large chunks of people including modern vintage gamer that while they might emulate games they also buy all the games they emulate and Nintendo's not gonna want to lose those sales are they no no they're not so again if enough people speak up I feel like changes can happen at Nintendo no a petition isn't gonna do anything Reggie Fesame told us petitions don't help but what does help is consistent public pressure on this specific issue and I think it's important because switch is killing it we have an awesome library of games coming this year and Nintendo's got every right to be praised for a zillion things coming up in 2019 but this is one thing that we need to look at Nintendo be a look you can't be censoring people like this they are not breaking the law you are misusing and abusing the system YouTube has in place to push an agenda that doesn't actually qualify as a copyright claim so yeah I think we just need to keep the pressure on you know not talk about it all the time I don't want to make this like the dominating conversation at Nintendo Prime in 2019 but I do think it's something we need to talk about more and more again I also want to apologize for hearing video games on the background my boys are playing some games this morning and they're not listening when I tell them to keep the volume off anyways I love you guys thank you for tuning in be sure to check out a modern vintage gaming's video on this for more information and also be sure to check out our Nintendo Switch Super Smash Bros Ultimate giveaway to the Gleam.io link down in the description and guys remember I am Nathaniel from Nintendo Prime stay classy everyone and I'll catch all of you in the next video