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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

 

[Xzi]

Fuck yeah. We should set up a legal fund specifically for anyone DMCA'd by Nintendo so that they have the resources to fight back, because most don't. Allow anyone to donate to it.

 

[tpax]

Fuck Nintendo for their shady shit. Not gonna buy a single game from them (but still gonna play them huehahehahe).

 

[CoolMe]

2021?
Also, suck it Nintenshits!

 

[SylverReZ]

View attachment 345936
2021?
Also, suck it Nintenshits!

Didn't bother updating the year lol

 

[The Catboy]

So Nintendo isn’t invincible, I hope more who were fucked over by them start to follow

 

[Plazorn]

Finally, Nintendo’s first nail in the coffin!

 

[MikaDubbz]

I'm still not sure how I feel about this. Nintendo didn't want info about this game to be released, yet people let loose the info anyway. If no contracts were signed to protect the info, then I do agree that there is no legal precedent to keep the info off the internet. However, it almost feels like someone ripping out a piece of someone's diary and sharing it online. Perhaps that page of that diary was once shared with that person, but they trusted them to not share the info in that diary with anyone else at the same time. Just kinda a lame situation all around when you think about it. Having said that, I personally and selfishly love to find out about cancelled projects like this and do wish I could learn about a ton of them, but I don't feel like I should be entitled to that information at the same time. I guess that's my long winded way of saying I'm conflicted on the matter, and not entirely sure how I ultimately feel about it.

 

[stanleyopar2000]

Nintendo is getting shady as fuck. at this rate soon they get ninja's to follow hacking scene devs.... oh wait.

Everything changed when we lost Iwata

I wish Smea was still around to see all of this.

Eh? something that i'm not "in the know" of happen?

 

[HarveyHouston]

This is not giving Nintendo a very good image if all they want to do is censor the public about past projects. Yet, they're promoting a Mario movie. Sheesh! To be fair, though, I believe the movie is mainly being done by Miyamoto and Illumination, and it has the Nintendo branding simply because it's a Nintendo property, but I don't think anyone else from Nintendo is deeply involved in the movie's development or promotion except maybe for legal and economic reasons, not to give creative input.

By the way, I still have my copy from the Internet Archive. I suggest others get theirs, if it's still up.

 

[ShadowOne333]

Everything changed when we lost Iwata



Eh? something that i'm not "in the know" of happen?

Leaked documents from Nintendo's Gigaleak exposed the fact that N did in fact spy homebrew Devs in person, as-in actually follow them and their daily schedules. Smealum was one of them.

 

[orangy57]

AFAIK, Nintendo has become... this... since the changing of CEO and COO of Nintendo and Nintendo of America
I miss Sir Satoru and Sir Reggie Body Ready

ehhh the lawyers have always been scummy. Back in 2013 they started copyright claiming Let's Plays and taking the ad revenue but stated that they wanted people to showcase their games on Youtube. In 2014 they pushed even harder against Let's Plays and i'm preeeetty sure that Nintendo wanted to start a system where you had to go through their internal system to even be allowed to upload Let's Plays of their games but I can't find a source for that.

 

[samcambolt270]

In 2014 they pushed even harder against Let's Plays and i'm preeeetty sure that Nintendo wanted to start a system where you had to go through their internal system to even be allowed to upload Let's Plays of their games but I can't find a source for that.

You're probably thinking of the nintendo ambassador program (not to be confused with the 3ds abassador program.) You are correct in that you basically had to go through them and literally give them half your ad revenue to put out an even slightly well viewed nintendo LP, or get dmcad.

 

[MarkDarkness]

Wow, the year has barely started and such good news already show up!

 

[subcon959]

Will this video now have some sort of flag to protect it or will it go down again the minute someone else complains?

 

[leon315]

Just watched the restored video, All gameplay showned in this documentary are from different games, no game footage is from the actual game at all. hardly doubt "Heroes of hyrule" mentioned here is real, perhaps Nintendo's real intention to take down this video cauz its entire story is just a giant bullshit HAOX?

And to all tempers who's bitching on Nintendo: have you ever finished to watch the video? Then have you seen any "heroes of hyrule" gameplay in it? And without any footage or evidence of the game you still believe it as Maria's verginity was real as fuck?

 

[osm70]

Just watched the restored video, All gameplay showned in this documentary are from different games, no game footage is from the actual game at all. hardly doubt "Heroes of hyrule" mentioned here is real, perhaps Nintendo's real intention to take down this video cauz its entire story is just a giant bullshit HAOX?

If that was the case, I don't think Nintendo would have any legal grounds here. I don't think you can DMCA something that doesn't exist.

 

[leon315]

If that was the case, I don't think Nintendo would have any legal grounds here. I don't think you can DMCA something that doesn't exist.

Dmca is just a convenient tool, which Nintondo uses to shot liars who spit bullshit on them.
BTW if the Heroes of hyrule really exists as DYKG claimed, why no footage of it was ever released?

 

[osm70]

Dmca is just a convenient tool, which Nintondo uses to shot liars who spit bullshit on them.
BTW if the Heroes of hyrule really exists as DYKG claimed, why no footage of it was ever released?

I'm not arguing whether it exists. I'm just saying that if it doesn't, this would be a DMCA abuse, which, to my understanding, would be illegal.

 

[Bladexdsl]

Just watched the restored video, All gameplay showned in this documentary are from different games, no game footage is from the actual game at all. hardly doubt "Heroes of hyrule" mentioned here is real, perhaps Nintendo's real intention to take down this video cauz its entire story is just a giant bullshit HAOX?

they probably never even watched the video just saw heroes of hyrule in the title and immediately bought down the dmca hammer. but this time it backfired on them and they got fucked. and it's hilarious!

 

[emmaxxy]

Nintendo is getting shady as fuck. at this rate soon they get ninja's to follow hacking scene devs.... oh wait.

finally we've caught fans who supports hackers of our product,i am reporting this to the head of nintendo