Italian YouTuber Faces Jail Time Over Retro Gaming Handheld Reviews

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Italian YouTuber Francesco Salicini, known as "Once Were Nerd," faces potential jail time and significant fines after a raid by the Guardia di Finanza. Authorities confiscated over 30 gaming handhelds, alleging copyright infringement related to pre-loaded game ROMs on devices he reviewed. This case highlights the complex legal landscape surrounding retro gaming emulation.

YouTuber Under Investigation for Copyright Infringement

Francesco Salicini, a prominent Italian YouTuber specializing in retro gaming and handheld device reviews, is currently under investigation by Italy’s Guardia di Finanza. The militarized police force, which focuses on economic and financial crimes, raided Salicini’s home on April 15, confiscating more than 30 gaming handhelds, including models from Anbernic, Powkiddy, and TrimUI. His personal phone was also seized for two months.

Key Takeaways

Italian YouTuber "Once Were Nerd" faces legal action for reviewing gaming handhelds.
Over 30 devices were confiscated by the Guardia di Finanza.
The investigation centers on alleged copyright infringement due to pre-loaded game ROMs.
Salicini could face up to three years in jail and a €15,000 fine.
The case highlights the legal ambiguities surrounding emulation and ROMs.

The Allegations and Legal Ramifications

The complaint against Salicini cites Article 171ter of Italian Copyright Law, a statute dating back to 1941. This law carries a maximum penalty of €15,000 and up to three years of imprisonment. While emulation software itself is generally considered legal, the issue arises from the devices often shipping with pre-loaded ROMs of classic games, which fall into a legal gray area concerning copyright.

Salicini believes the charges may have been brought by Italy’s Ministry of Economy and Finance, with Sony and Nintendo also mentioned in the complaint. He has started a GoFundMe campaign to cover his legal fees and expects to go to trial. Authorities have also indicated they may take "precautionary measures to block all my social media channels" even before a trial concludes.

Broader Implications for Content Creators

This case sets a concerning precedent for content creators, particularly those in the retro gaming community. Many Android-based gaming handhelds, popular for their emulation capabilities, often come with pre-installed game ROMs. While Salicini states he never published sponsored reviews or included affiliate links, his coverage of these devices has drawn the attention of authorities.

The ongoing investigation underscores the challenges of navigating outdated copyright laws in the digital age and the potential risks faced by YouTubers who review products that may inadvertently facilitate copyright infringement.