this post was submitted on 01 Oct 2024
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How would they know it's emulated and not video captured from a real device? Are they only targeting when emulators are mentioned / shown in the window?
More reasons to switch to owning your content and hosting on your own platform or a PeerTube instance instead of only hosting on YouTube / Twitch - you can actually fight the takedown notice in court instead of having to accept that YouTube doesn't. Not a legal expert but this seems like a winnable fair use case if you can prove you own the game legally and are using your own rom dump.
Lots of channels getting strikes are showing anbernic and steam decks and the like running the roms featuring Nintendo games being emulated on said device and not just a video capture of the game
It doesn’t matter if it’s emulated legally or not. They can issue a takedown for showing gameplay captured from an NES hooked up to a CRT if they want.
A fair use defense has to be defended in court, and it’s not just about whether you’re right but also about whether you can afford to fight.
It’s also not certain that a fair use defense would fly. One of the elements for determining whether fair use is market impact, and I suspect that Nintendo’s lawyers would argue that demoing that their games can be emulated - even if the specific demoed games are not being sold - has a negative market impact, since it makes people who might buy a Switch and a Nintendo Online membership to play the official emulated games less likely to do so.