Italian YouTuber Faces Jail Time for Showing Android Handhelds With Emulated Games

WIRED

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Ryan Whitwam, Ars Technica The games on the devices shown by the content creator may not be entirely legal. That was enough for Italian law enforcement to ding him for 'promotion of pirated copyrighted materials.' Photo-Illustration: WIRED Staff; Photograph:There are countless Android-powered gaming handhelds, but they go beyond the usual slate of Android games by offering console emulation support. The problem is the game ROMs on these devices, which are not entirely legal.
Italian YouTuber Once Were Nerd is learning how seriously some rights holders are taking game piracy after agents from the country's Guardia di Finanza showed up to confiscate his consoles. He now says the investigation could lead to criminal charges and the end of his channel.
Once Were Nerd has produced YouTube content covering a plethora of gaming topics, including Android-based handheld game machines from the likes of Powkiddy and TrimUI. These devices usually run an older version of Android that has been heavily modified for gaming, featuring built-in emulation support for retro consoles like SNES, Nintendo 64, PlayStation Portable, GameCube, and more. They've become quite popular as the cost of mobile hardware has come down, making it possible to buy what is essentially an updated PSP or Game Boy Advance for $100 or less.
Recently, Once Were Nerd attracted the attention of Italy's Ministry of Economy and Finance, which is tasked with policing copyright in the country. In the video first spotted by Android Authority (which has an AI-generated English language track), the YouTuber explains that Guardia di Finanza appeared at his door in April with a search warrant.
Agents accused the creator of promoting pirated copyrighted materials stemming from his coverage of Anbernic handheld game consoles. While emulation software is not illegal, a surprising number of these devices ship chock-full of preloaded ROMs—the channel showed multiple Sony and Nintendo games running on the device. Once Were Nerd is far from the only channel posting about these devices, though.
Officials seized more than 30 handheld consoles and demanded copies of Once Were Nerd's correspondence with the companies making these devices. Once Were Nerd says he has cooperated fully with investigators and contends that he has done nothing wrong. Legal Gray Area
The firms making these handhelds all operate out of China, which is beyond the reach of Western copyright law. They still sell the devices internationally, sticking to vague language about the inclusion of game ROMs. For example, Anbernic offers bundles with microSD cards marked as "compatible 7000+ games." That makes this approach to revisiting retro games a legal gray area at the very least. Authorities believe Once Were Nerd's activities may still run afoul of Article 171 in Italy's copyright law, which allows for up to three years imprisonment for violations.
It is unclear who made the original complaint against the channel. Once Were Nerd has seen documents that cite copyrighted material from Nintendo and Sony, but Guardia di Finanza doesn't need to reveal that detail until the preliminary investigation is finished, and cases can be brought by the agency itself. (Nintendo, for one, is particularly litigious when it comes to defending its intellectual property.) When the investigation is complete, the government will either file charges or dismiss the case. Current law also gives officials the power to shut down the Once Were Nerd channel while the investigation is ongoing.
Italy has a history of heavy-handed copyright enforcement—the country's internet regulator recently demanded that Google poison DNS to block illegal streams of soccer. So it's not hard to believe investigators would pursue a case against someone who posts videos featuring pirated games on YouTube.
This story originally appeared on Ars Technica.