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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

 

[yoyoyo69]

"gaming tyrant" we should all use this descriptive title for Nintendo, in all public spaces going forward.

Despite their shady business practices decades ago, they still had some positivity, that is all but gone now.

They are so out of touch, there are no words to describe it.

 

[duwen]

I've ripped the vid from youtube, for preservation... just in case Nintendo escalates anything.

 

[ov3rkill]

I swear Nintendo's legal team have no idea what they're doing. Every time they strike someone with copyright claim, it just backfires. Their lawyers are just beyond stoopit.

 

[samcambolt270]

Dmca is just a convenient tool, which Nintondo uses to shot liars who spit bullshit on them.

That's not how dmca works. You can't just use dmca to quash rumors whether what they were saying was a lie or not.

BTW if the Heroes of hyrule really exists as DYKG claimed, why no footage of it was ever released?

Because game companies don't typically release footage of prototypes and game pitches that never actually get released. Did you actually watch the video? The information came from people who literally worked on nintendo games and is corroborated by multiple sources. Stop being a conspiracy theorist.

 

[Maximumbeans]

Excellent news. I adore Nintendo, but also, fuck Nintendo.

Iunno. It's complicated.

Post automatically merged: Jan 5, 2023

I swear Nintendo's legal team have no idea what they're doing. Every time they strike someone with copyright claim, it just backfires. Their lawyers are just beyond stoopit.

They do seem to try and lean on a 'shock and awe' tactic. I think they hope the name they're representing just frightens people into instantly backing down, and when they don't, they have no idea how to proceed.

Absolute paper tiger.

 

[codezer0]

The only way I see this mess stopping, is for someone to have the kind of legal team to brow beat Nintendo's lawyers at their own game. Especially considering how the law system here is wholly operating on precedents, it would take a decisive victory to start walking back the wholesale corruption that has since been bankrolled by larger companies such as Nintendo itself.

 

[Ducolamia]

Good.
It was stupid to be taken down to begin with. To my understanding, no actual gameplay footage was even showcased. It was purely for documentation purposes.

The game never even came out either. Lol

 

[Naster]

I wonder how you will squick when Nintendo will start taking down every video with their games from Youtube. Move their content to some NicoNicoDouga and their own service. Don't fight a dragon.

 

[ZeroFX]

Although i don't watch these kind of vids, good job!

 

[SDA]

I can imagine the people at Nintendo showing their anger over losing the case.
It's Game Over for them (or is it?)

 

[MadMakuFuuma]

im curious. i mean, of course i liked that Nintendo lost, but dykg talk 99% of the time about nintendo (in a world where people are avoiding talking about nintendo, precisely because they are one of the worst companies and use stupid policies about protecting ip). so yeah, idk if things only get worse from then in the future. maybe now nintendo will focus on them for every video, from now on?

 

[testing123]

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.

Wow, definitely want to hear more about that story! Got a link or a summary?

 

[Digital_Cheese]

DidYouKnowGaming wins and Nintendont

 

[DJPlace]

good job DYKG nintendo bit you and you bit back. still next time i bet if nintendo try's this again... it's going be a low blow.

 

[ShadowOne333]

Wow, definitely want to hear more about that story! Got a link or a summary?

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

 

[Jayro]

Glad to see they won against the big N.

 

[Fishaman P]

"YouTuber clicks 3 buttons on website, gets video restored"

Is this what qualifies as news these days? I've done this a dozen times myself, where's my exposure?

 

[ShadowOne333]

"YouTuber clicks 3 buttons on website, gets video restored"

Is this what qualifies as news these days? I've done this a dozen times myself, where's my exposure?

I don't think you realize the scope of this counterclaim. There are several things to consider here:

1. This isn't just a bot falsely claiming some audio in a video (which is how most copyright claims are done, and several of these I have countered myself). This was a manual claim from what I could gather by NoA. Sure the video might have been flagged by use of copyrighted audio, but that doesn't seem to be the main reason of the claim from what DYKG mentions (and besides, most YouTube channels nowadays rely on Patreon for income, YT's ad money gets eaten up if a video gets claimed, and it's not as profitable anymore even without ads).
2. Nintendo went after a very specific video which detailed some of their inner workings and also specifics about a planned game back in the 2000s, one we never heard of before. Going after a journalist effort to cover this can fall under a wide category of iffy law terms, which in most cases favours the journalists themselves, but in this specific case, all things point to them not wanting this to be exposed, which is quite shady.
3. After a counterclaim is made, the other party has a deadline of around 10 days to review and counter yet again, but those 10 days passed without any notice from NoA directly.
4. DYGK counterclaiming the video has many, many risks. YouTube's ToS specifies that, given the circumstances, after a counterclaim is made, one of the involved parties can escalate the claim, and then the issue gets taken to court. DYKG used the Fair Use clause of the copyright law due to the media coverage in a journalistic manner, but if Nintendo feels ballsy and wanting to fuck around, they can now sue and take this matter to court directly, with YouTube having nothing to do anymore as an intermediary and everything would fall directly on DYKG's hands. The guys at DYKG reviewed their options before the counterclaim with actual professionals in this matter (law and copyright) before enacting the counter in YT.

So as you see, this is quite important.
They are pretty much risking it all by just this one action, and given Nintendo's asshole behaviour in the legal department, it's quite plausible they might act, but only time will tell.

 

[urbanman2004]

https://www.techspot.com/news/97149-youtuber-fought-back-against-nintendo-dmca-notice-won.html

 

[OM3GAZX]

Finally, Nintendo takes a taste of their own medicine.
Better not mess with DYKG again.