Hacking Discussion How are Nintendo Legally Able to Take Down Switch Hacking Videos with No Piracy Content?

Cheezeys · Nov 19, 2019

Got a takedown on the one and only switch hacking related video I made, there was absolutely no pirated content, not even a mention of backups. It was a simple video on how to set-up on SD card and then how to boot into RCM mode and launch the payload using tegra. There was no sigpatches, no mention of SXOS or anything that is against the law.

I was under the impression that homebrew, hacking a console etc was legal and that it was fine to make content about it. I'm confused as to how big N are able to take down such videos. Can anyone shed some light on this?

My video wasn't monetised so it's not a case of losing money or anything. I have no idea how much bigger channels are staying alive while making content like this.

FAST6191 · Nov 19, 2019

There is a difference between what is legally allowed, what they imagine you won't fight back on (or if you do then you are just one person and they likely have a lawyer or six just twiddling their thumbs) and what the various spineless companies (which is most of the big video hosters) will allow by default.

A somewhat related topic that gets into the heart of some of the law related to this

As far as homebrew itself on a console then it depends where you are (more on that above, consoles being a glaring omission in this -- everything that is worded is worded specifically to limit things and consoles are then very much excluded).

Also bigger channels get pinged as well, and Nintendo have been doing it for years (GBAtemp once had a wii mod chip install guide/review Nintendo took out)

wiewiec · Nov 19, 2019

Nintendo is doing same things like other content creators do when someone's smear them or sth, they use copy write strikes.

smf · Nov 19, 2019

Cheezeys said:
I was under the impression that homebrew, hacking a console etc was legal and that it was fine to make content about it. I'm confused as to how big N are able to take down such videos. Can anyone shed some light on this?

They can do it because they have more money for lawyers than you.

Nintendo have bought a few cases in the uk against flash carts and sx os, homebrew was mentioned as a defence and the courts decided that homebrew on consoles isn't a good enough reason to allow them. I think US courts have a similar view.

Everyone is of the opinion that hacking for homebrew leads to piracy in the majority of cases.

mrjoshuaco · Nov 19, 2019

It really depends on the process used. A simple takedown is an internal Youtube process and (generally) not subject to legal constraints. Youtube can choose to take down your video for almost any reason that isn't protected by law (discrimination, etc.). Now, if an official DMCA notice is sent, you can try to make a case for perjury, however even then, you'd have to demonstrate clear intent, which is difficult to do.

TLDR: Pragmatically speaking? It's perfectly legal and you have little recourse short of public opinion or appealing to YouTube directly.