An Italian YouTuber who reviews retro gaming devices is facing potential criminal charges and up to three years in prison for allegedly promoting pirated copyrighted material through his content.
The creator behind the channel “Once Were Nerd” was raided by Italian customs enforcement officers from the Guardia di Finanza on April 15, who seized over 30 gaming handhelds from his collection. The devices included ANBERNIC, Powkiddy, and TrimUI gaming handhelds, some of which reportedly ship with pre-loaded ROMs containing copyrighted games.
Officials executed a search warrant at both his home and office, taking his phone and demanding full transcripts of his conversations with gaming handheld manufacturers. The phone was returned two months later on June 15.
The case centers on the YouTuber’s reviews of ANBERNIC devices, which sometimes come with microSD cards containing copyrighted ROMs from Nintendo and Sony games. Italian authorities are pursuing charges under Article 171 ter of Italian Copyright Law, a statute dating back to 1941 that allows for penalties of up to €15,000 and three years imprisonment.
Under Italian law, officials are not required to disclose the specific charges or who filed the complaint until the initial investigation concludes. The case will then either be dismissed or proceed to trial. More concerning for the creator, authorities have the power to shut down his channel even before proving any wrongdoing.
The YouTuber maintains he never published sponsored reviews of ANBERNIC products and avoided affiliate links to remain impartial. He cooperated fully with the investigation, believing he had done nothing wrong by reviewing devices he had legitimately purchased.
The case highlights growing legal risks for gaming content creators, particularly those covering emulation and retro gaming devices. Unlike typical YouTube copyright strikes, this criminal investigation could result in permanent channel closure and imprisonment.
Legal experts suggest the case stems from the fact that some reviewed devices ship with pre-loaded copyrighted material, potentially making reviewers liable for promoting piracy even when they purchase products legitimately.
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