DYKG's "Heroes of Hyrule" video about a cancelled DS Zelda taken down by DMCA from Nintendo.

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Did You Know Gaming (DYKG) has been a prominent journalism YouTube channel when it comes to everything gaming, focusing on a wide variety of gaming topics, like unannounced projects, rumours, beta content, cancelled projects, exclusive interviews with developers, unreleased artwork, and much more.

Back in October 2nd, 2022, Did You Know Gaming released a new video about a previously cancelled and unannounced DS game focused on the Zelda franchise, titled "Heroes of Hyrule". The premise of the cancelled game was that of a spin-off in the Zelda series, with a tactical RPG emphasis for its gameplay. The story would focus on a variety of characters and races from the Zelda franchise while they work their way towards a common goal. The game itself was going to be helmed by none other than the team behind Metroid Prime, Retro Studios. However, the project ended up getting cancelled in the design stage.

On December 8th, 2022, DYKG reached out through Twitter with an email received from YouTube regarding a strike on their channel sent directly by Nintendo of America, claiming it on DMCA grounds as copyright infringement.

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DYKG mentions in their tweet that they will be "exploring all available options to restore the video" on YouTube.

:arrow: Original YouTube Link
:arrow: Archived Video
 

WG481

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From copyright.gov,
Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports.
Nintendo be trippin.
How does such a massive company have such a petty perspective. It’s a fucking YouTube channel, just let it be.
Nintendo will take down petty videos but not all of the porn of Mario.
 

SaberLilly

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I'm not sure what to think, i mean its not DYKG leaked some uber top secret nintendo prototype game they plan on releasing in 2023, but on the other hand nintendo has been known to be super strict about keeping their cancelled stuff secret. I wonder if this game will pop up in the next Nintendo Gigaleak
 
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ChiefReginod

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This is a cynical take, but I wouldn't put it past any big youtuber to purposely get a video taken down for the free publicity. For example, by not muting the game music.
 

Chris_Dai_Gyakuten_Saiban

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Lmao didn’t Nintendo just sent a dmca notice to a cover art website last week? Nice work nintendo, as always.
It was Steam DB I believe and if I am not mistaken it had something to do with unofficial box art covers for Super Mario Odyssey and Breath of The Wild. It's weird that Nintendo would do that, but given they like do take down almost everything in sight, nothing surprises me.
 

mituzora

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You have to be creative with your video title. "Take this down, Nintendo. I dare you." worked for Linus even though every other "Switch on Steam Deck" video has been DMCA'd.
Though it's nice to think it was the video title actively calling out Nintendo, This was likely due to LMG having enough money to fight Nintendo over false DMCA claims.

Nintendo likes to bully all of the small creators; don't really see them going after those big youtubers
 

raging_chaos

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Though it's nice to think it was the video title actively calling out Nintendo, This was likely due to LMG having enough money to fight Nintendo over false DMCA claims.

I was just being cheeky, the reason their video remains probably has to do with the fact they blurred out all gameplay and don't show any artwork or assets. Being Canadian based probably adds another layer to the equation. What I'm surprised at is that Nintendo didn't nuke any of their other videos showing their IP, makes you wonder why this specific one was targeted when it wasn't even a released game they were talking about.
 
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kiaghi7

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While Nintendo deserves excoriation for this completely unnecessary attack on a video that's nothing but a history of a game that never was... It's really Youtube/Google who deserve by far the most hate for this, because it's their completely arbitrary and capricious "enforcement" of their complete disregard for any form of process or allowing the end-user to defend themselves in any way, demonstrate their position, and ultimately prove that their video is well within fair-use provisions.
Youtube/Google have a thoroughly documented history of taking a completely "scorched earth" approach to any such issues and leaving the creator of the video out in the cold more often than not siding with the copyright trolls who quite often have no legitimate claim to ownership of anything in the video.
 

tsam2

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Put the blame on stupid shareholders. Disney is also the same story. 2010, a shareholder asks Iwata:
"In connection with Nintendo's basic strategy of gaming population expansion, I would like to ask about the handling of fan activities and intellectual properties. Recently, there are many fan magazines, original short movies, music bands, cosplay activities, websites, orchestras and so on, based on Nintendo's titles. If these activities threaten Nintendo's intellectual properties or licenses, will Nintendo crack down on them aggressively, or just view them as fan activities? If Nintendo has any policies, please let us know"

Iwata's reply:
"...of course, we cannot say that we can give tacit approval to any and all the activities which threaten our intellectual properties. But on the other hand, it would not be appropriate if we treated people who did something based on affection for Nintendo, as criminals..."

2014 another one:
"I do not understand video games and I even feel angry because, at Nintendo’s shareholders’ meetings, the shareholders always discuss things relating to video games or such childish topics as what the future of video games should be...I hope that Nintendo’s shareholders’ meeting will become an opportunity where the shareholders discuss the company’s business operations from the viewpoints of capital gain and dividend"

The CEOs that successed Iwata are "pure" CEOs, worked in banks etc. So, they don't understand completely the world of gaming and they don't want to dissatisfy the investors whose only concern is profit and how to milk even the last drop of the cow.
 

mituzora

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I was just being cheeky, the reason their video remains probably has to do with the fact they blurred out all gameplay and don't show any artwork or assets. Being Canadian based probably adds another layer to the equation. What I'm surprised at is that Nintendo didn't nuke any of their other videos showing their IP, makes you wonder why this specific one was targeted when it wasn't even a released game they were talking about.
Lol, I figured as much. didn't mean to come off as super serious or anything.

You do bring up a good point though, I didn't even think about the whole Canadian thing, but I don't think that would matter as Youtube is a US company subject to US copyright law. I could be very wrong on that though and can only speak from the position of a US citizen and I have no clue if YouTube is treated differently in different countries.
I can guarantee you that it has to do with them covering an unreleased game. They're not super heavy-handed on reviews as much as they used to be, but god forbid you start talking about homebrew and piracy and they'll find anything they can to take your video down.
It's okay, Nintendo might learn when they stop getting coverage of their devices/games.
 

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