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A month ago, the popular gaming journalist YouTube channel had one of its most recent and popular videos taken down by a direct DMCA from Nintendo. Since then, DYKG started to go through their options to know what the best course of action would be against the gaming tyrant, and fortunately it seems like YouTube's system worked in favor of Did You Know Gaming.

Shane Gill, the creator of DYKG, worked on a counter-DMCA through YouTube's system, which allows for a creator to counter any kind of flagged video under a DMCA notice. YouTube's system is known to falsely flag videos that might have any kind of visual or audio resemblance to something in their own database, but in this case, it seems like the DMCA came directly from Nintendo, and not through a 3rd party nor a false account.

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An interesting instance in all of this matter, is that, according to Shane Gill, Nintendo's claim about the video was that Did You Know Gaming was using "unauthorized material", and while this could very well mean unauthorized use of either some imagery or audio, Gill implies that the sole purpose of Nintendo wanting the video removed was because they didn't want anything uncovered by DYKG to be on the public eye.

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However, there's still the possibility that, given the circumstances, Nintendo could try to take the people in charge of the channel directly to court to remove the video from YouTube once and for all, but for that they'd have to fight through the Fair Use instance of the copyright law, which is what DYKG gaming used in their counter-claim.

Restored "Heroes of Hyrule" video on YouTube

 

[WiFiStackSmash]

Awesome! I'm glad to see a bad faith DMCA claim not prevail for once.

 

[hibikii]

nintendo is the most bitchmade company of all time

 

[EnigmaExodus]

Excellent seeing further affirmation of fair-use principles.

Just out of curiosity, would you expect a non-shady company to NOT try to track the progress of those trying to undermine their piracy protection? Like, blame Nintendo for whatever, but I find the idea that there is a moral argument that Nintendo or any company should not follow the hacking scene surprising.

There is a bit of a difference between a company observing public activities in homebrew communities and perhaps sending takedowns for posting ROM files in copyright. Versus the escalation of using entrapment and other legal tactics against dual-use technologies like software homebrew enablers or mod-chips.

 

[Dragon91Nippon]

I'll have to check, it's been a while, but I think you can catch a glimpse of it all here in summary:

Maybe we should probably return the favor to Nintendo.

 

[Ampersound]

Yes, fuck Nintendo!
I hope they get a strike for the false claim, since it came directly from them!
They need to be held accountable!

 

[Marc_LFD]

Yes, fuck Nintendo!
I hope they get a strike for the false claim, since it came directly from them!
They need to be held accountable!

They won't.

 

[ElSasori69]

A little win is still a win. I hope we start to see people winning against big abusive corporations more often.

 

[PatrickD85]

Simply put; Good for them on getting the leg up on Nintendo in this situation.
And yeah that is coming from a primarily Nintendo focused entity.

 

[Mark McDonut]

I'm sure Smealum might have some words about that.

marcan, too. Nintendo had people calling his day job, and this was after him and bushing tried to correctly disclose what they found, professionally.

 

[nphuracm]

Nintendo has a legend of having one of the strongest law departments in the world. It is not out of the question that Nintendo is a great company that has changed gaming in the positive way many times with their excellent games, but man, Nintendo is a total fucking bastard and asshole when it comes to business.
Just look at those walled gardens and DMCA abusages that they are ever so infamous for. People need to fight back to their tyranny, shatter their 'law dept' legend, make Nintendo face the music, before we can ever expect Nintendo to play nice.