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Nintendo has decided to move to the next step: It has officially sent me a take-down notice under DMCA. This means that Nintendo can no longer claim that this is something Youtube is doing on it's own. In order to file a DMCA take down notice a company must be willing to be dealt with in Federal Court, so at this point the Mandatory Arbitrary agreement is null and void. I submitted a counter notification, so Nintendo would have to give notice of it's intent to bring me to Federal Court within 10 days. If they do there are very clear penalties for abusing DMCA. Even if they don't I know have the right to take them to court. In either case, Nintendo would have to show how the use of the software that I paid a license for constitutes copyright infringement.
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Out of curiosity, could you make a new thread and post updates there? I'm very interested in how this turns out, because it might actually start changes in Nintendo for the better, copyright claim-wise, but it only loosely applies to MarioKart 8










