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Retro gaming YouTuber Once Were Nerd sued and raided by the Italian government

https://www.androidauthority.com/once-were-nerd-youtuber-copyright-lawsuit-3577995/
184•BallsInIt•3h ago

Comments

logicchains•3h ago
It's astounding how much authoritarianism people are willing to tolerate in the name of maximising the economic incentives for producing entertainment media.
gchamonlive•3h ago
I don't think every regression in civil liberties is something that the society collectively accepted to tolerate. I'd say it's more often than not shoved down people's throats by lobbyists. It's just capitalism functioning as it's intended.
HPsquared•2h ago
"Capitalism" doesn't have a proper definition; it's one of those words that just means whatever the speaker/listener wants it to mean. Better to use more precise terms.
44520297•2h ago
All of language is tenuous overlap between speaker intent and listener interpretation. In this instance, how do you interpret the definition of capitalism for this context? Better to add meaning.
Arch-TK•1h ago
In cases like these it's sufficient to substitute "capitalism" for "crony capitalism". However, the people making these statements are unlikely to ever agree that there can exist a non-crony-capitalism.
HPsquared•20m ago
Money in politics. An excess of political power in the halls of commerce as opposed to the other estates of the realm.
gchamonlive•2h ago
No, but we don't need it to define what's our expectations of the effects from capitalism in it's later stages of maturity. Can we agree that the function of a corporation at least is to satisfy it's investors and maximise profits?

So lobbyism is just a manifestation of this function, the attempt of a corporation to communicate with society in order to influence decisions that impact their profits.

Corporations are not the only types of machines that have interest in making connections to other machines in the capitalist universe. Humans are also embedded in this universe, but for other interests.

Therefore it's reasonable to think that capitalism working as intended will in time start producing corporations that work against the interests of the common good.

like_any_other•3h ago
> willing

Don't mistake the IP cartel's backroom lobbying for the will of the people.

izacus•2h ago
These topics are full of people defending it. Every single time.
user_7832•3h ago
> Authorities believe Once Were Nerd's activities may still run afoul of Article 171 in Italy's copyright law, which allows for up to three years imprisonment for violations. (Emphasis mine)

That seems... very excessive? Who's actually being hurt here? No one is buying 20 year old consoles and games that probably aren't even sold by the original company anymore. Seems pretty much like a classic victimless crime IMO.

> Agents accused the creator of promoting pirated copyrighted materials stemming from his coverage of Anbernic handheld game consoles.

Seems hardly something worthy of arresting, let alone jailing someone.

> Italy has a history of heavy-handed copyright enforcement—the country's Internet regulator recently demanded that Google poison DNS to block illegal streams of soccer. So it's not hard to believe investigators would pursue a case against someone who posts videos featuring pirated games on YouTube.

Oh well... didn't realize Italy was like that

progval•3h ago
France too: https://torrentfreak.com/opendns-suspends-service-in-france-...
bmacho•3h ago
> Who's actually being hurt here? No one is buying 20 year old consoles and games that probably aren't even sold by the original company anymore.

People are buying them, they just pay the Chinese, and not Nintendo/SONY.

"Who's actually being hurt" and " aren't even sold by the original company" is not a good argument. Nintendo clearly can sell those games for a sum anytime it wants to. They are just manufacturing a scarcity right now, or at least they are trying. They are the ones "being hurt", in the standard sense.

crtasm•2h ago
Access to NES, SNES and N64 games is a perk of Nintendo's paid online subscription so pirate copies do compete with that to some extent.
mvieira38•2h ago
Not the entire library, though. Games that aren't offered in any form anywhere, and also games that weren't localized (like Mother 3) shouldn't have copyright enforceable. It's either you give up production of the game or you produce it forever, no other sane way to go about it
brookst•1h ago
I hate overzealous copyright prosecution as much as anyone, but I’m very wary of a model where you have to use something you own to maintain ownership.

There are things that work that way (RF spectrum), but in general I think it would cut against the purpose of copyright. I do think there’s value in giving creators exclusive rights to their own work, and making it contingent on distribution would hurt small companies more than big.

izacus•2h ago
Nintendo can sell them only because we grant them mo monopoly rights to do so.

It's been more than 30 years since the games creation, let's revoke them now.

bmacho•2h ago
I mean, yes, but it is how IP works.

You can either grant IP for everyone equally, or point at some companies that they are rich and consumer hostile anyway so they don't get no IP, or abolish IP altogether.

What Nintendo is doing is no different than what everyone is doing, except that you hate them.

gpm•2h ago
The person you are responding to is pretty clearly of the opinion that "30 years is too long a term for copyright" not "they just hate Nintendo".
suddenlybananas•2h ago
>They are just manufacturing a scarcity right now, or at least they are trying

Rent-seeking is not really something that governments should encourage.

immibis•1h ago
Rent-seeking brings lots of money to lots of politicians, so they encourage it. Those same politicians also have the power to legally murder people, or lock them up for life. "Should" is irrelevant - focus on the "is".
komali2•28m ago
If you can show me where I can buy a gameboy formfactor method to play SNES games sold by Nintendo, I will buy two right now and mail you one.

The chinese are selling things that nintendo isn't, that people want. Beautiful capitalism.

viraptor•2h ago
> That seems... very excessive?

Yes, but also - people very rarely get the maximum penalty unless they were real dicks about it and provably knew they were breaking the law.

PokemonNoGo•1h ago
Scrolled way to far down for this. Yep, like most laws infact.
brookst•1h ago
Technical forums assume that law is code, and everything is processed as if/then statements.
reddalo•2h ago
>didn't realize Italy was like that

Italy doesn't really care about copyright violations, unless it's soccer or if it's for profit.

Normal people pirating movies, songs, etc. for their private use are not usually prosecuted (there's no need to use protections such as VPNs in Italy). There are some big piracy communities, they use both torrents and an old file-sharing software called eMule.

But if you try to earn money or if you pirate soccer, then it's super risky.

iforgotpassword•2h ago
> and an old file-sharing software called eMule.

Dangit, the fact that you had to explain it like that makes me feel old. There was a time when that software was found on everyone's PC and held the top spot on sourceforge's most downloaded list.

reddalo•2h ago
> Sourceforge

That's another trip down memory lane...

benterix•1h ago
For the real trip see this: https://webarchive.di.uminho.pt/web.archive.org/web/20090203...
tough•1h ago
eMule is doing fine and well tho

maybe we should make more p2p kademilia software to combat the social media giants

beAbU•2h ago
Holyshit emule is still alive and kicking? Man. I remember using that, Kazaa and Morpheus almost daily back in the aughts.
reddalo•2h ago
It really is alive and kicking, and now there's a smarter way to find things compared to the integrated file search (which can lead to fake content, viruses or... worse).

There are some forums (yes, old-school web forums) with neatly organized content. You just copy-paste the e2dk link into the client, and voilà.

Some forums are even publicly accessible, so it's clear that nobody is seriously persecuting people for piracy in Italy.

bugtodiffer•2h ago
Nobody cares about copyright unless for profit. Sometimes it's just a lawyer that wants fees
NL807•1h ago
>Italy doesn't really care about copyright violations, unless it's soccer or if it's for profit.

I'm almost certain someone got paid off and pulled some stings. They don't do anything unless money is involved.

amelius•21m ago
> Italy doesn't really care about copyright violations, unless it's soccer or if it's for profit.

Or protected names like mozzarella or parmigiano cheese.

Better not to name your next project after them.

timhh•2h ago
That's a maximum. It's extremely unlikely that they would actually get jail time. Maybe a suspended sentence at worst.
snickerdoodle12•2h ago
Welcome to the modern world.

Kill someone in traffic? A few months, maybe a year.

A company breaks copyright on a massive, premeditated, scale? Totally fine, don't worry about it.

A individual imports a device that might be used for copyright infringement? Prepare to get your life ruined.

raverbashing•2h ago
But the issue here is not that it "might be used"

> While emulation software is not illegal, a surprising number of these devices ship chock-full of pre-loaded ROMs—the channel showed multiple Sony and Nintendo games running on the device

Honestly I feel that in the US this would have possibly been risky as well

snickerdoodle12•2h ago
If we still feel like individuals must be punished for such things let's start by dismantling all the bigcorps that downloaded e.g. anna's archive (openai, meta, for starters).
brookst•1h ago
It would be easier to take the suggestion seriously if there was some proportionality. People aren’t being executed for copyright infringement, and presumably there should be remedies for corporate misbehavior that sponsors of destroying the company.
snickerdoodle12•58m ago
Fine, jail the company for 3 years. Or at least the executives.
bobdvb•9m ago
Given that the piracy charges can be fined as low as €50, it can be discussed proportionately.

I totally agree that the AI companies should be accountable for their intellectual property leaching.

CalRobert•58m ago
In fairness society is appallingly blind to traffic violence and has been for a century thanks to campaigning by car companies to normalise killing people with cars. If you could use a car for copyright infringement it would probably be allowed
bubblebeard•2h ago
Nintendo contiounsly retail older titles. Snes mini, their e-shops, re-releases. Most games originally released for the PS1 are not owned directly by Sony and many of them retail on Steam.
yread•2h ago
I don't think it's that surprising they are basically promoting pirated content. If they had a video about how a cracked version of game is great and where to download it they would probably also get hit
_heimdall•2h ago
> Who's actually being hurt here?

I would hope that is made clear in the court filings. I don't know if Italy has something akin to the right to face your accuser, but surely there is still an expectation that a lawsuit, especially criminal, requires clearly defining who the victim was and how they were harmed.

627467•2h ago
> didn't realize Italy was like that

Seems aligned with the idea of "perpetual copyright" Italy has been pushing: https://www.aippi.org/news/italy-cultural-heritage-protectio...

And these "quirckiness" isn't exclusive to Italy, many countries in Europe have much tougher views on individual freedoms, regulate speech much stronger than crowd in HN is used to.

Granted you may rarely get jail time, just the fact that you should worry about your criminal record is enough to prevent people to even voice ideas

teitoklien•1h ago
> Granted you may rarely get jail time

For now, uk is starting to arrest and jail or threaten to jail old grandmothers for liking facebook posts the gov doesn’t like

https://www.dailymail.co.uk/news/article-14424959/Knock-knoc...

even “3rd world” countries don’t do this

> The Times highlighted the case of Maxie Allen and Rosalind Levine, who were arrested on January 29 after raising concerns in a private parents’ WhatsApp group about the hiring process of their daughter’s school. Six uniformed officers arrived at their home, detained them in front of their youngest child, and took them to a police station.

The couple was questioned on suspicion of harassment, malicious communications, and causing a nuisance on school property after the school alleged they had “cast aspersions” about the chair of governors. They were fingerprinted, searched, and locked in a cell for eight hours.

https://dailytelegraph.co.nz/world/12000-brits-arrested-per-...

(No point downvoting me, this trend is rising and true)

miki123211•1h ago
Many European countries also have "election silence", basically a blanked ban on political speech, usually for a day or two before and during an election. This is supposedly done to "give people space to deliberate without undue influence."

When such laws were introduced, they basically only applied to mainstream media organizations and actual political agitators; debating politics at the family table was (and still is) allowed. However, the way they're worded, they also apply to any user sharing / liking political posts on social media.

bobdvb•14m ago
In Greece the bars are closed during voting to 1) Keep people sober. 2) Avoid politicians buying people drinks for votes on the day.
miltonlost•1h ago
The Daily Mail is a right-wing tabloid rag by Rupert Murdoch. That's propaganda and untrustworthy on its face
teitoklien•1h ago
it is not a left or right wing thing, these events are happening. Even the US Vice President alluded to this happening.

Are all UK opposition politicians right wing tabloid dummies too ? They are all clearly saying this is happening. Reform UK party that is right now slated in polls to be the next winner if elections were to happen have publicly acknowledged this is happening.

Why make everything into a left vs right match ? if free speech dies here right now by people you support (people who call daily mail a tabloid “right wing” rag) when they go out of power and people you oppose win, they’ll use the same instruments to suppress people you do support.

Basic freedoms are deserved by all citizens, police shouldn’t go around arresting 12,000 citizens for facebook posts or grandmas for voicing their worries not even violent posts or jibes, just criticism and concerns.

While the same country has struggled across years to arrest and prosecute violent offenders targetting british orphanages and harming children. police did nothing about it despite knowing it, and continues to resist protecting children.

You think everything is normal ? Not everything is a football match, the score wont reset after “the game” round is over. Once these freedoms are lost they will be far more harder to bring back. people will be even more defenseless. Nothing good comes out of making everything expendable in a left vs right match.

Common citizens lose everything from it, while politicians on top from both aisles win with more power to do anything and everything they want when they rule.

FranzFerdiNaN•1h ago
> Even the US Vice President alluded to this happening.

Ah yes, because the couch fucker sure is known to be trustworthy. Good god, do you also believe everything you read on Facebook and see on Fox news?

FirmwareBurner•53m ago
>because the couch fucker sure is known to be trustworthy

Just because he's a "couch fucker", doesn't mean he's wrong in that case. Some EU countries do have genuine issues with free speech.

People should use critical thinking and judge WHAT is being said independent of WHO is saying it.

Unfortunately people do not use critical thinking anymore to judge topics in a nonpartisan way, because of fear of being attacked/ostracized by the colective groupthink mob based solely on adherence to a political ideology.

c420•29m ago
Isn't it using critical thinking to be able to know that a particular source of information is not credible after said source admitted to be "willing to create stories” after falsely claiming a certain population was eating people's pets?
teitoklien•52m ago
So you think everything and everyone across the world is making a politically coordinated event to lie about reality ?

I don’t even vote for the republicans and since when has couches been equated to real things reported widely by media, politicians, citizens, watchdog groups become completely irrelevant because a politician you hate/dislike agreed with those things.

This is not a football match or he said she said, it’s happening and if you have to resort to calling a sitting vice president as “couch**” to deny reality instead of being able to clearly state no one innocent is being jailed for simple disagreements on facebook. then no you probably subconsciously know it’s happening too and need to depend on slander to deny reality.

it is especially ironic considering there are uk citizens getting police visits for saying things far less rude than what you said about US vice president.

You can disagree with ones politics but if you want to defend your ability to have that freedom (to disagree with ruling parties) it does require you to defend the freedoms and rights of people you disagree with politically too…

n4r9•1h ago
> uk is starting to arrest and jail or threaten to jail old grandmothers

The linked article doesn't make any mention of arrest, jail, or threats thereof.

I've previously posted a rebuttal about this "thousands arrested for social media" claim: https://news.ycombinator.com/item?id=41488099

teitoklien•1h ago
? you think police officers came in the middle of night to an old defenseless grandmother about her post showing discomfort about labour politicians as simply fun partying debates ?

what did they go to her home for ? sipping champagne , taking care of the old woman and having oxford like debates ???

Please…

n4r9•1h ago
I don't think they came in "the middle of the night", full stop. That's just another embellishment you've pulled out of thin air. I think if you had a strong case, you wouldn't need embellish it so.
teitoklien•1h ago
> Detectives were last night accused of acting like East Germany's feared Stasi secret police for quizzing Helen Jones over her calls for the resignation of local councillors embroiled in the WhatsApp scandal exposed by The Mail on Sunday.

The article says clearly “last night”, what you think happened doesn’t change what was said by the woman who explicitly stated what happened to her and had to live through it that night.

(on rechecking yes i’m wrong about daytime vs nighttime indeed they visited at morning)

but even with that you think its acceptable if it’s daytime for police to knock on doors due to facebook posts about not liking current ruling councillor stuck in a scandal ???

if this gets politically acceptable get ready for china like atmosphere in future around politics (without china like infrastructure or growth) forced disappearances , thoughtcrimes & thought police…

crtasm•50m ago
That is saying that last night the detectives were accused, not that they visited the woman last night.

Also note it doesn't say who is making this accusation about the detectives, the article is not designed to inform you but to provoke a reaction.

Also consider that they will be carefully selecting what posts of hers to quote rather than telling you everything she wrote that lead to the complaint.

Do you actually know what she wrote?

n4r9•49m ago
The doorcam footage is clearly in broad daylight, it's dated February, and further down the article it says:

> At around 1.30pm last Tuesday ... a detective sergeant and another officer knocked at her door

You've made some edits to your post since I replied, so...

> but even with that you think its acceptable if it’s daytime for police to knock on doors due to facebook posts

It's handled on a case by case basis. The police will generally notify someone if they're the subject of a harrassment complaint, and it's not uncommon for them to visit either to give a verbal warning or to advise them on the law. That's... just how the system works in the UK and has done for a long time. Police in the UK are often in and around the community, working with it and giving out advice where it may help to prevent crimes.

Perhaps the police were too keen to visit in person this time. Perhaps they felt pressured to demonstrate a response by the fact that the complainant was linked to the council. That's another issue entirely. But this single incident is not the sign of a steep decline into authoritarianism that you want it to be.

Lerc•11m ago
As a New Zealander, I was most surprised to learn we had a daily telegraph.

Looks like webworm has covered them

https://www.webworm.co/p/badnews

sunaookami•37m ago
>just the fact that you should worry about your criminal record is enough to prevent people to even voice ideas

Already happens in Germany: https://www.economist.com/europe/2025/04/16/the-threat-to-fr...

qoez•2h ago
Well that's the maximum punishment. Even petty crimes like shoplifting has the same limit. If it's a first time offense he'll likely get much less than that.
p0w3n3d•1h ago
My observation is that usually such scenario precedes someone trying to start selling something. So if 'A' is considered abandoned, the owner of copyrights to 'A' (or the new owner, who just bought it) will start making legal actions, then once it's been settled and illegal copies removed from the public space, they would go to the market selling 'A'.
riffraff•42m ago
it's "up to 3 years" but also "down to" a €50 fine.
slightwinder•35m ago
> Who's actually being hurt here? No one is buying 20 year old consoles and games that probably aren't even sold by the original company anymore.

Actually, they do, and even significant older games. Retro-games are regularly updated and newly released. Sometimes they are even remastered into new games. Old Consoles are also sometimes resold as special time limited offers, and kinda popular.

It's not a multi-billion-dollar-business, but official retro-gaming is still thriving.

>> Agents accused the creator of promoting pirated copyrighted materials stemming from his coverage of Anbernic handheld game consoles. > Seems hardly something worthy of arresting, let alone jailing someone.

Those handheld-consoles are kinda infamous for being sold with thousands and ten of thousands copies of old games from all kind of consoles and countries. Maybe he advertised such deals. The joke here is that in my country, you can even buy them directly on Amazon, and there never seem to be a problem with it. Not sure if it's the same in Italy, but I would think the same EU-regulations apply there.

komali2•30m ago
> Actually, they do, and even significant older games. Retro-games are regularly updated and newly released. Sometimes they are even remastered into new games. Old Consoles are also sometimes resold as special time limited offers, and kinda popular.

No, they re-release a couple of them, as it conveniences them, often with unasked for changes.

And the handheld consoles aren't competing with nintendo for people interested in playing retro games. Someone that picks up a miyoo to play SNES games on the go has no official nintendo option for this, the switch doesn't have all the SNES games and isn't the same formfactor.

dfxm12•24m ago
Seems hardly something worthy of arresting, let alone jailing someone.

That the current PM's party, FdI, is a neo-fascist political party should also help add some context.

viraptor•3h ago
The Paco Gutierrez copypasta will now have a new version... but Nintendo didn't deliver the papers directly this time.
Tade0•3h ago
Guardia di Finanza is the most militarized branch of Italian law enforcement and if they knock on your door (provided they bother knocking), you better comply.

To me it seems excessive to call specifically on them - regular police would suffice, if at all - this guy is nothing like the people this formation usually deals with.

elric•2h ago
I was briefly hopeful that we'd see meaningful copyright reform in the EU back when the Pirate Party had its moment in the spotlight. But nothing happened.

Now LLMs are stealing everyone's data, claiming be "fair use", getting away scot free, while irrelevant YouTubers are facing threats to be jailed over nothing whatsoever.

Make it make sense.

meowface•2h ago
I am consistent on this one, personally. Let LLMs train on anything and let YouTubers do things like this one. It's all fine to me.
drweevil•2h ago
Consistency would be welcome indeed. We have courts saying it's fair use to do this at scale to train LLMs, but minor violations like this trigger man-years of investigations and threats of imprisonment. The contradiction is grating. This circle can be squared only by admitting that there is one law for the wealthy and powerful, and another for the rest of us.
yorwba•1h ago
The jurisdiction is different. The alleged offense is different. The stage of legal proceedings is different.

There's no contradiction between an American court finding that using legally acquired copies of copyrighted material for AI training constitutes fair use, and Italian police launching an investigation because they suspect someone might be selling illegal copies of copyrighted material.

navane•2m ago
No one is claiming that the law is wrongly interpreted. We're saying that the law is wrong.

How is it legal to generate the content of that YouTube with genAI but not to actually tape it with real people. Why does an AI have more rights than this YouTuber.

brookst•1h ago
Consistency is the hobgoblin.

If the law were truly consistent, surgeons would go to jail for cutting people with knives.

As soon as you recognize that context should matter in law, consistency is no longer possible.

I’m not defending big companies pirating books or saying YouTubers should go to jail, I’m just saying there are material differences in context that make it juvenile to demand perfect consistency.

HPsquared•2h ago
Sovereign is he who makes the exception.
clarionbell•2h ago
I haven't heard Carl Schmitt doctrine in long time. I hope it doesn't become as prominent as it once was.
Sander_Marechal•2h ago
The pirate party is a single issue party about abolishing copyright and having no plan for what to do next. I'm not surprised it didn't go anywhere.
fulafel•1h ago
The way single issue parties normally affect policy is that getting a seat signals the other parties to take the issue more seriously (eg in this case balance between interests of copyright holders vs interests of the public), so the lack of plan wouldn't normally yet mean a failure.
pjc50•2h ago
> Make it make sense.

This is easy: law is about power and money. LLM training companies represent an even bigger concentration of money than the IP enforcers, so they can pirate all the books in the world without consequence, while the most onerous consequences are reserved for the most trivial guys.

rvnx•2h ago
Law is not fair. The law is the reflection of power relations.
anon191928•1h ago
Property Laws usually applies to weak in power. Courts teach to masses to show how they lack true power and wealth. It's for show
A_D_E_P_T•1h ago
Natural Law is fair by definition. It is merely a reflection of ancient ethical norms.

Positive Law -- the laws set down by kings and legislatures -- is much less fair, but sometimes, however rarely, it tries to embody a codification of the Natural Law.

The way the Positive Law is enforced and prosecuted is an utter disaster. In civil courts, justice is bought and sold as a rule; fairness (and even adjudication itself!) is an exception. It's so bad, so transparently twisted, that I think it's fair to say that humans in general have shown that they cannot be trusted with the administration of things such as civil laws. Too corruptible.

immibis•1h ago
Natural Law isn't real, and won't hurt you - it's just one particular sect's form of copium.
ykonstant•1h ago
>Natural Law is fair by definition. It is merely a reflection of ancient ethical norms.

There is no such thing.

VWWHFSfQ•2h ago
The Pirate Party lost their public support after the founder advocated for the legalization of child sexual abuse because (supposedly) without it there could never be any meaningful digital freedom.

Obviously that was a bridge too far for people, and they stopped supporting even the sensible reforms the party was advocating for.

speeder•47m ago
Risking a lot by commenting on this... but what he defended was that possession of images should not be illegal, only the act itself should be illegal.

He used as an example of how the law was bad, that if you witnessed someone doing the act, and filmed it to hand over as evidence to the police, you would end in jail too, something that is obviously unfair.

xienze•1h ago
> Now LLMs are stealing everyone's data, claiming be "fair use", getting away scot free, while irrelevant YouTubers are facing threats to be jailed over nothing whatsoever.

I’d like to point out that for decades the argument pro-piracy folks made was that you can’t “steal” software since it still remains. It’s only fair to apply that same standard to AI companies who are simply scraping data...

elric•1h ago
The difference is obviously one of intent. LLMs are not being trained for personal use, they're being trained to be sold to the masses.

Very few people download(ed?) movies or music with the intent to distribute it. They downloaded it because they wanted to consume the media.

xienze•24m ago
> LLMs are not being trained for personal use, they're being trained to be sold to the masses.

Come again? Deepseek and numerous other smaller models can be run locally, for free.

I think what’s really behind this attitude is that “information wants to be free” when I’m pirating IP from a big, faceless corporation. But when it’s _my_ IP being pirated, it’s theft.

slightwinder•20m ago
Piracy is making a 1:1 copy, there is no own work involved. But AI-Companies usually do not steal data, they buy them and compile them, and the problem is about whether the compiled data are still the original or something new. Which is similar to how humans do not automatically steal content just because they read a book and take this as inspiration for their own book.

So the problem regarding AI is more nuanced and complicated than the plain copyright-question of piracy. It's more akin to cases of plagiarism, which go case by case.

5ersi•9m ago
LLMs are learning in a very similar way humans are learning. So if humans can read a text (or view a video), learn from it and then use the knowledge to produce something, so can LLMs?

Copyright laws have quite strict rules on what constitutes a copy, and this was tested in courts many times. This rules also apply to works produced by LLMs.

cookiengineer•3m ago
Dead internet theory confirmed.

Well, the Ministry of Truth is working on it, at least.

awongh•2h ago
It's interesting to me that for critiques of AI, one of the major arguments is "stealing from artists"- and I know that the argument is more nuanced than this- but a lot of the specific legal framework for intellectual property rights and enforcement- current lawsuits that are against AI companies- are based on the same ideas that allow this kind of prosecution.

I know that people saying "stealing from artists" who are against AI scraping mean, my poor friend who posts on deviantart and not Disney, Sony or Nintendo, but in the sense that intellectual property is a law and the mechanism for enforcement is ultimately something like this, I don't get why it's such a popular argument.

Ultimately I hope AI will force us to decide on an updated paradigm of who owns ideas and it won't be a case of me receiving a cease and desist letter if I type a ChatGPT prompt that includes Mickey Mouse or "Miyazaki".

snickerdoodle12•2h ago
Many people, including myself, object to companies violating copyright on a massive scale without any consequences whatsoever while people like this, who cannot possibly have the same impact, get their lives ruined.
awongh•2h ago
My main point was that if you are against AI scraping, are you also against this guy being able to post this video?

Separate from the level of consequences for an AI company or this guy- for example if he was forced to simply take the video down or pay a small fine relevant to the level of piracy he was encouraging.

snickerdoodle12•2h ago
My personal opinion is that since the laws haven't changed and society is still harshly punishing individuals for copyright infringement all the companies that have downloaded e.g. anna's archive should be dismantled, or at the very least their executives should be jailed.

Maybe the laws should be changed, maybe not, but the fact is that they haven't been.

RIP Aaron Swartz.

gcau•2h ago
Which companies are violating copyright on a massive scale? And what impact? (a bigger, badder impact sounds implied by you)
awongh•2h ago
To be clear, scraping the entire internet so that ChatGPT knows what Mickey Mouse is may not be a fair use of copyright. Or to be more specific, being able to generate images of Mickey Mouse may not be legal- that is the ingestion of those images that give the model the ability to generate images of copyrighted material. I guess the courts will decide that soon-ish?
beezlebroxxxxxx•2h ago
One example is basically all of the major AI players have used Annas Archives/Libgen's database to unlawfully access millions of books.
beezlebroxxxxxx•2h ago
> Ultimately I hope AI will force us to decide on an updated paradigm of who owns ideas and it won't be a case of me receiving a cease and desist letter if I type a ChatGPT prompt that includes Mickey Mouse or "Miyazaki".

The principle of copyright is fine for artists. AI and ChatGPT aren't fundamentally changing the underlying logic: artists should have their intellectual property protected and be able to receive compensation for their work free from getting ripped off. The problem is stretching copyright to absurd timelines when the underlying logic also recognizes that novel ideas emerge out of the public commons and ultimately return to them after a certain amount of time. 7 or 8 years is reasonable. 10 tops. Decades or even hundreds of years is absurd.

ethagnawl•1h ago
> Ultimately I hope AI will force us to decide on an updated paradigm of who owns ideas and it won't be a case of me receiving a cease and desist letter if I type a ChatGPT prompt that includes Mickey Mouse or "Miyazaki".

I've been thinking a lot about this lately since I've had some ... questionable images generated by Gemini. If it outputs infringing material is that on me, them, both of us? Does it depend on my prompt/context, what I do with the output, etc.? My instinct (in opposition to your comment about C&Ds) says it's on them because they're charging money for the service and it's _clearly_ been trained on copyrighted material. I think this question and related ones are going to be answered fairly quickly, especially because of how egregious some of the output I've seen is.

I don't want to get into specifics right now because, IMHO, this particular "trick" is an exploit, as it's reproducible and systemic. Google has a bug bounty for Gemini but this scenario (i.e. output containing copyrighted material) is "out of scope" and they request that you submit individual tickets for every infringing instance. It's not clear to me if end users are supposed to do that or copyright holders but that's not a scalable or practical solution to a systemic problem. I would prefer to be responsible and be compensated for my trouble but I may wind up writing a blog post or something about this if I can't get their attention.

cubefox•15m ago
The case is arguably even more clear cut: copyright protects more-or-less exact copies. So copying old video games is not allowed. However, making something that is merely similar, but clearly different from the original, is not a copyright violation. For example, you are allowed to make a "Zelda clone" if you only copy broad game principles and vibes, but not specific art or level designs.

Generative AI mostly works by copying fuzzy styles instead of specific texts or images. There are some exceptions where models actually memorize specific material, but these seem to be relatively rare and probably require that the piece in question occurs frequently in the training data.

So in general, training on copyrighted material is probably legal as long as the model is not able to exactly reproduce the training data, while copying video game ROMs is clearly always illegal.

Of course, whether these things are morally okay or not is a different question...

Edit: Of course, to train on copyrighted material, you have to download it first. If you don't pay for the copies, this is arguably still illegal, even if the resulting model doesn't distribute any copies! (An exception might be content that is directly embedded in websites, because copying websites into the browser cache is allowed, even if they are under copyright protection.)

saubeidl•2h ago
Meanwhile, AI companies break copyright law at an industrialized scale.

Rules for thee, not for me.

CivBase•2h ago
Game publishers are strangely aggressive about people playing pirated copies 20+ year old video games which haven't been available for purchase for over a decade. Meanwhile they are actively arguing for their right to destroy copies of games they have sold.

It's clear they view old games as competition for new releases, so they want to make those old games as inaccessible as possible. But we the people just want to be able to replay old games from our childhood that we already bought.

I_am_tiberius•2h ago
The anti-woke movement in the US is way too aggressive, but Europe feels like it's drifting the other way: rules keep getting tighter and people are treated as guilty first. My Austrian Bitcoin exchange locked my account last month without any reason, even though I did nothing wrong. "Guilty until proven innocent" is starting to be the European default.
specproc•2h ago
I don't see what's "woke" or even "unwoke" about absurdly aggressive copyright enforcement or your bitcoin account being frozen.
rvnx•1h ago
I think he means that leftists with a real political will wants to cancel private property in favor of a single shared property.

Which means no copyright, or copyright owned by the state. And the state to be in charge to collect royalties from foreign countries.

Wokeness and the hammer and sickle covered in blood are symbols that often appears concurrently true left parades (at least in Europe, though actually occasionally in the right too)

So I think he connected the two concepts by association.

suddenlybananas•2h ago
What on earth does bitcoin exchanges being locked have to do with wokeness.
I_am_tiberius•1h ago
I am not saying copyright laws or my frozen crypto account are woke. The link is the method: In all the cases, being called out for saying something politically slightly incorrect, the youtube handheld thing case in Italy, and my Bitcoin funds in Austria => people are punished before any wrongdoing is proven. Different issues, same "guilty first, check later" mindset.
BLKNSLVR•2h ago
Does Youtube still show advertising for finance scams in Italy?

(yes, whataboutism, but I feel the need to point it out)

riffraff•37m ago
don't know about YT but my brother recently introduced me to finance scams inside facebook, based on AI generated videos of prominent politicians and members of the government. How this shit keeps happening is beyond me.
renewiltord•2h ago
That’s the thing with the hyperregulators. You cheer them on when they’re biting others. You’d better believe they’re going to bite you one day.
amelius•2h ago
But when will we have jail time for CEOs who invade our privacy?
rvnx•2h ago
I’m sure right after street criminality will be taken care of.
marcofiset•2h ago
Jail for non-violent crimes? That needs to stop.
aranelsurion•29m ago
You say that, next thing you know this guy installs bsnes on a Raspberry Pi going on a rampage on innocent Goombas from an illegal ROM of Super Mario World. What then?

He’s clearly a dangerous maniac and a threat to the society.

That’s why the only option was to lock him up.

basfo•2h ago
To me, it's kind of strange that buying and showing something that is sold legally (like a console purchased from China, which I assume went through customs, or even sold on Amazon in some cases) can make someone a criminal. I believe this should be protected under freedom of speech: he's legally buying a product and demonstrating what it does. Maybe posting a referral link and profiting from it could be considered questionable, but come on... If you want to stop piracy, start by blocking these devices at customs and investigating the businesses that import and sell them to the public. Never put someone in jail for what is, after all, a form of journalism.
Aurornis•1h ago
> buying and showing something that is sold legally (like a console purchased from China, which I assume went through customs, or even sold on Amazon in some cases)

Going through customs does not make something legal to buy or possess.

Customs is a spot-check that doesn’t catch everything and Customs cannot possibly verify every single product’s legality.

Many people buy illegal drugs internationally and just hope they get through customs, for example. That doesn’t make it legal.

jmyeet•2h ago
I'm surprised this is Italy and not the US.

What I want people to take away from this is that governments in the so-called "developed" world act at the behest of corporations. In this case it's to criminalize something that should, at best, be a civil matter. But suing people is expensive and often they have no assets to claim so let's just make it a criminal offense and let the government pay for it and threaten them with violence (ie putting them in prison).

There's a not particularly well-known case of this in the US that I wish more people knew about: the case of Steven Donziger.

Chevron extracted oil in Ecuador and because of lax legislation and oversight, polluted everywhere. Farmers and indigenous people sued (in Ecuador). Donziger handled the case and an Ecuadorian court brought down a $9.5 billion judgement against Chevron.

Chevron filed a RICO suit against Donziger in NYC. A US Federal district court decided the judgement was unenforceable because (in the court's opionion) it had been obtained through fraud with fairly scant evidence of such. Donziger was disbarred. But it doesn't edn there.

In subsequent legal proceedings, Donziger refused to hand over electronic devices to Chevron's experts arguing--rightly--that it was a violation of attorney-client privilege.

In subsequent legal proceedings, Donziger refused to hand over electronic devices to Chevron's experts arguing--rightly--that it was a violation of attorney-client privilege.

A criminal complaint was made but the DOJ declined to prosecute. In an extraordinary move, a judge appointed lawyers at Chevron's law firm to criminally prosecute Donziger for contempt. He was on house arrest for years with an $800,000 bond... for contempt of court.

Criminal prosecution being available to private companies should scare everyone. The government and even the judicial system has been subverted to do the bidding of companies.

So, sadly, a criminal proseuction for revealing a gaming handheld doesn't surprise me at all.

Chronoyes•1h ago
I have an opposing viewpoint here. Incompressible to me how normalised copyright theft has become in the commercial emulation space.

There are huge YouTube channels such as Linus Tech Tips reviewing $100 devices that contain copyrighted games that would have retailed for over a million dollars. This is not normal and is very different from an individual downloading some ROMs.

And to clarify the story, this guy is being investigated because it was suspected he was selling these devices, not just reviewing them.

colechristensen•1h ago
The copyright on games and software should really expire after maybe 20 years.

Sure, everyone should know that this is technically illegal, but not following these laws isn't "incomprehensible".

forinti•1h ago
They should be freed as soon as they aren't being sold by the creator.
ziml77•1h ago
Need to do this to music too. Otherwise you'll end up in a situation where the game still can't be distributed in its original state because the music that's used is still under copyright. Even when the original developers of a game re-release it, sometimes they have to change the soundtrack if they used licensed music because acquiring a new license may be too expensive or just entirely disallowed.
Aurornis•1h ago
> And to clarify the story, this guy is being investigated because it was suspected he was selling these devices, not just reviewing them.

Do you have another source for that? I don’t see it in the article. It says the exact charges aren’t known due to the way their legal system works.

yorwba•1h ago
It says that the legal basis for the investigation is article 171 ter of the Italian Copyright Law, which lists a lot of things that boil down to selling what you have no right to sell. https://www.wipo.int/wipolex/en/text/477668 The one part that is different is "c) promotes and organizes the unlawful activities under paragraph 1" which might also apply to a reviewer who does not directly sell things. But it's not just "promotes or organizes" either, so I think they'd want indications of quite substantial involvement before launching an investigation.
Aurornis•1h ago
The article mentions promotion. It also says he turned off affiliate links.

They seized 30 consoles of different types, which is not consistent with someone selling a lot of one.

_fat_santa•1h ago
It's not incomprehensible, it's actually quite understandable.

Being able to play a full catalog of retro games these days is just not possible without piracy and emulation. Sure some games are still available like with what Nintendo is doing with NES games or MSFT is doing with original Xbox games. But go outside of that narrow catalog and finding the other games legally is impossible outside of going into retro game stores and hoping they have a copy.

I'll use the Need for Speed franchise here as an example. You point blank cannot find legit ways of playing the original underground games, they aren't sold in stores, and not sold via any digital avenue. I would have loved to pay for both underground games but I was forced to pirate them since there was literally no other option.

brookst•1h ago
Using “forced” in the passive voice is telling here. Wouldn’t it show more agency to say you chose to pirate them because your desire to play them outweighed your estimate of the moral / legal downsides?
emptyfile•53m ago
What are the moral downsides of pirating a game you can't buy anywhere?
dvrj101•23m ago
>you chose to pirate them because your desire to play them outweighed your estimate of the moral / legal downsides?

textbook bs of putting other people action under microscope, no one is this precise in making decisions related to day to day stuff.

os2warpman•5m ago
>You point blank cannot find legit ways of playing the original underground games

Did you mean to type "You point blank cannot find legit ways of playing the original underground games without paying $20"?

Need for Speed Underground sells for between $15 and $24 on the used market: https://www.ebay.com/sch/i.html?_nkw=Need+For+Speed+Undergro...

wodenokoto•1h ago
Which ones sell with games?
bluescrn•1h ago
Many AliExpress sellers are offering the devices bundled with a pre-loaded microSD card.
immibis•1h ago
> copyrighted games that would have retailed for over a million dollars

this is, sorry, ....what?

In which universe do people spend a million dollars for a collection of video games? At retail?

cubefox•41m ago
> In which universe do people spend a million dollars for a collection of video games? At retail?

He didn't say that people actually spend that much money on retail games, but that they would have cost as much if people didn't pirate them (in the thousands) instead. Reading comprehension...

abdulhaq•30m ago
Here in HN it's accepted practice to copy copyrighted newspaper articles
bluescrn•23m ago
> This is not normal and is very different from an individual downloading some ROMs.

Just go to archive.org and type something like 'romset' in the search box to see what 'normal' looks like these days, for better or for worse.

xg15•1h ago
Do already have an LLM that trains on the ASM and resources of old game roms and can generate "new" ones? Easy fix there...
mrep81•1h ago
Fucking Vogons
mrep81•1h ago
F*cking Vogons
DrNosferatu•1h ago
Did he post affiliate links to profit from the sale of said devices?

That makes a whole lot of difference.

tomhow•1h ago
We changed the URL from https://arstechnica.com/gadgets/2025/07/youtuber-faces-jail-..., which credits this URL as the original source.
devinprater•1h ago
I play video games through emulation, mainly because if I were playing, for example, Dissidia Final Fantasy on a regular Playstation Portable, I wouldn't be able to scan the text with my screen reader, or get AI image descriptions. I tried to buy all the PSP games I wanted to play, but that store was shut down. So now I don't think I could pay Sony for these games even if I wanted to.

Blind people use audio description to watch television and movies. And yet, none of the streaming services have Doctor Who with audio description, for example, in the US. So even if I paid to watch it, I'd have to pirate the audio description track.

And yet, companies can pirate all the books, videos, art and music they want, and have the best lawyers on staff to remind the courts who are really in charge. May the rich be brought low, or the poor be lifted up.

bgwalter•52m ago
Meanwhile, Anthropic and others aren't raided and are not blocked in Italy.

The YouTuber should have used an LLM for laundering copyright.

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