Retro Game Corps is well-known in the retro gaming community for offering in-depth reviews, emulation setup guides, and tech showcases of handheld gaming consoles. Russ, the channel’s creator, has built a reputation for producing educational content that dives deep into the intricacies of gaming devices, often showcasing how older consoles like the Wii U can be emulated on modern hardware.
Recently, Nintendo issued a copyright strike against Retro Game Corps, targeting a video related to the Wii U. According to Russ, the video was educational and focused on a system that is no longer sold by Nintendo, with the Wii U eShop also having been closed down. Despite this, the video received a copyright strike, marking the second one for the channel, putting its future in jeopardy.
Russ with his post on Youtube expressed his disappointment, saying, “My Wii U video was taken down and I received another copyright strike, even though this showcase video was no different than all of the tech demos and reviews I have made on this channel previously.” The uncertainty this has created for Retro Game Corps and similar content creators has sparked renewed debate about copyright, fair use, and the heavy-handedness of large corporations in protecting their intellectual property.
Navigating Fair Use and Educational Content
The copyright landscape on platforms like YouTube can be treacherous, especially for content creators who deal with game footage or emulation-related topics. Russ contends that his video “was for educational use, transformative in nature, and had no effect on the market.” The purpose of the video was to demonstrate the functionality of a now-obsolete console—a piece of hardware that has long been discontinued by Nintendo.
Fair use is supposed to protect educational, commentary, and transformative content. However, Nintendo’s legal stance often seems to disregard these distinctions, preferring to assert control over all footage that involves its intellectual property, regardless of the context. This approach presents significant challenges for content creators who wish to discuss or educate others about older gaming systems.
Russ is considering filing a counterclaim to challenge Nintendo’s copyright strike. However, he is hesitant, noting, “I am reluctant to open that can of worms with a multi-billion dollar corporation, as their next step would be to file legal action.” This hesitation is understandable—taking on a company with the legal resources of Nintendo could lead to an overwhelming and expensive battle.
The Impact of Nintendo’s Actions
As a result of the copyright strike, Retro Game Corps is now making changes to the way it produces content. To avoid further issues, Russ stated that the channel will no longer display any Nintendo games on-screen. “I will no longer show any Nintendo games on-screen, which is a shame because I love using those games for my hardware demonstrations,” Russ explained.
This decision means that the channel’s content will be altered significantly. Nintendo games have always been popular examples for demonstrating emulation and the performance of handheld devices. By avoiding these games, Retro Game Corps will need to find alternative content to use in their demonstrations, potentially affecting the overall quality and appeal of the videos.
Moreover, Russ mentioned that the channel will also be blurring out any Nintendo game content from previous videos as a precautionary measure. This includes seemingly harmless content, such as NES games, to ensure compliance with Nintendo’s aggressive copyright policies. This move, though necessary for the channel’s survival, will undoubtedly be time-consuming and could delay upcoming releases. “Unfortunately, this is going to delay some video releases—my latest video should be up right now, but instead I have to re-edit and re-upload the video first,” Russ said.
With two strikes against the channel, the risk of a third and final strike is high. On YouTube, three strikes typically result in the removal of a channel, which would mean the loss of years of work and a community built around the passion for retro gaming. For Retro Game Corps, adapting to these new realities is the only viable choice to prevent such an outcome.
Nintendo’s Aggressive Approach to Copyright Enforcement
Nintendo’s protective attitude toward its intellectual property is well-known. The company has a long history of taking down content it perceives as infringing, including fan games, mods, and emulation-related content. This aggressive enforcement extends not only to individual content creators like Retro Game Corps but also to larger projects and developers.
Most recently, the development of the popular Switch emulator Ryujinx seemed to meet its end after Nintendo won the lawsuit.
Nintendo’s stance is clear: they view any content that uses their assets without explicit permission as an infringement. While it’s within their rights to enforce copyright, many argue that their approach is heavy-handed and risks alienating the very community that has helped maintain interest in their older products. Emulation, for example, is a way for many gamers to experience titles that are otherwise inaccessible—games that Nintendo no longer sells or supports.
While protecting intellectual property is crucial for any company, a more balanced approach could benefit both Nintendo and the gaming community. Instead of issuing strikes and legal threats, some argue that Nintendo could explore ways to work with content creators to ensure that their IP is used respectfully while allowing educational and transformative content to flourish.
Nintendo’s 100% Win Rate of Suing, and the Impact of Content Creators
The case of Retro Game Corps isn’t just about one YouTube channel; it reflects broader issues affecting the gaming community and content creation on platforms like YouTube. The fear of copyright strikes creates a chilling effect, discouraging creators from exploring certain types of content, particularly when it involves large corporations with extensive legal resources.
For many YouTubers, copyright strikes aren’t just a matter of losing a video—they threaten their entire livelihood. A channel with three strikes is permanently removed, which could mean years of work wiped out overnight. This risk leads creators to self-censor, avoiding anything that could potentially fall afoul of a copyright claim, even if it might be considered fair use.
Moreover, Nintendo’s actions could have an unintended effect of stifling discussion and interest in retro gaming. Channels like Retro Game Corps play a vital role in keeping the memory of older consoles alive, educating new generations of gamers, and ensuring that the history of gaming is preserved. Without these creators, much of the knowledge and passion for retro gaming could fade away.
But it seems no one would dare to fight Nintendo for long. They are having a near 100% win rate on all cases. The website called suedbynintendo is compiling all the legal battles between Nintendo against everyone, and Nintendo always won. Since Ryuzu and Ryujinx’s cases have ceased, Palworld is the one that is still having a battle against Nintendo, and will it make another won case for Nintendo?