Retro Gaming YouTuber Faces Jail Time Over Copyright Allegations

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An Italian YouTuber, Francesco Salicini, known as "Once Were Nerd," faces potential jail time and a hefty fine for reviewing Android-based retro gaming handhelds. Authorities accuse him of promoting pirated copyrighted material due to devices often shipping with pre-loaded game ROMs, sparking a debate on copyright law in the digital age.

YouTuber’s Home Raided

In April, officers from Italy’s Guardia di Finanza, the financial and customs police, executed a search warrant at Salicini’s home. The raid was part of an investigation into the promotion of pirated copyrighted materials. During the raid, authorities confiscated over 30 gaming handhelds from his collection, including devices from brands like ANBERNIC, Powkiddy, and TrimUI. His personal phone was also seized for two months.

The Core of the Accusation

The central issue revolves around the common practice of some manufacturers shipping these retro gaming handhelds with microSD cards pre-loaded with thousands of game ROMs. While emulation software itself is generally considered legal, the unauthorized distribution of copyrighted games is not. Salicini is accused of violating Article 171-ter of the Italian Copyright Law, which targets the illicit reproduction and distribution of copyrighted works. The complaint specifically mentions protected content from Nintendo and Sony.

Key Takeaways:
- YouTuber Francesco Salicini ("Once Were Nerd") is under investigation for copyright infringement.
- Authorities seized over 30 retro gaming handhelds from his home.
- The accusation stems from devices being sold with pre-loaded, pirated game ROMs.
- Salicini faces up to three years in jail and a €15,000 fine.

Legal Ramifications and Precedent

Under Italian law, a violation of Article 171-ter carries a maximum penalty of €15,000 and up to three years of jail time. This case marks a significant escalation from typical copyright warnings or channel takedowns to a criminal investigation. It sets a potentially chilling precedent for content creators who review or discuss emulation-focused hardware, especially those bundled with pirated software.

Salicini maintains his innocence, stating he has always reviewed devices objectively, citing both pros and cons, and has never sponsored content. He has launched a GoFundMe campaign to cover his legal fees. Authorities have also requested the obscuring of all his social media channels, making it difficult for him to continue creating content.

Community Support and Future Implications

The retro gaming community has largely rallied behind Salicini, expressing concern over the implications of this case for online creators. Many other YouTubers review similar products, some of which are readily available on major e-commerce platforms, often with pre-loaded ROMs. The outcome of this investigation will be closely watched as it could redefine the risks for anyone involved in reviewing or discussing the burgeoning market of emulation-focused handhelds.