Skip to content(if available)orjump to list(if available)

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

user_7832

> 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

reddalo

>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

> 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.

Andrex

Maybe you can tell me, since I only noticed around 2007-2008.

Did Sourceforge always suck balls?

tough

eMule is doing fine and well tho

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

UltraSane

I downloaded episodes of South Park using eMule over dial up internet.

reddalo

> Sourceforge

That's another trip down memory lane...

amelius

> 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.

NL807

>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.

leereeves

I don't think that's the only possibility, but I am wondering why Once Were Nerd was targeted. Is he famous enough to serve as a good example for a new policy? Did he cut someone powerful off in traffic? Did his videos threaten someone's business? Cui bono?

richardfey

> They don't do anything unless money is involved.

I disagree. They could have done it to be under the spotlight and progress their career.

beAbU

Holyshit emule is still alive and kicking? Man. I remember using that, Kazaa and Morpheus almost daily back in the aughts.

reddalo

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

Nobody cares about copyright unless for profit. Sometimes it's just a lawyer that wants fees

dylan604

devil's advocate says that lawyer is just doing the job hired to do by the copyright owner. if a copyright owner didn't care, they wouldn't hire these lawyers. if a lawyer is somehow the copyright owner, well, they obviously care

znpy

> an old file-sharing software called eMule.

I still use it, on linux using wine. There is a lot of random stuff you usually don't find via Torrenting.

627467

> 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

sunaookami

>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...

wongarsu

On the other hand, your criminal record matters far less in Germany than it does in the US. Most employers never ask for your record, especially in white collar jobs, and the ones that do usually only look for relevant offenses. If you are convicted for fraud that will make it harder to get a job as accountant, but an conviction for insulting an official or for drug possession years ago is unlikely to have a major impact.

Obviously you shouldn't be charged for stuff like that (and there was backlash for that incident), but the are less than it might appear to the American reader. Being convicted does not turn you into the scum of society in Germany

teitoklien

[flagged]

n4r9

> 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

miki123211

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.

Lerc

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

miltonlost

The Daily Mail is a right-wing tabloid rag by Rupert Murdoch. That's propaganda and untrustworthy on its face

_heimdall

> 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.

slightwinder

> 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

> 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.

slightwinder

> No, they re-release a couple of them, as it conveniences them,

It's significant more than a couple these days. But the number doesn't really matter, it's an ongoing process, and nobody knows which are released at which point. So nobody can claim any more that it's dead content.

> And the handheld consoles aren't competing with nintendo for people interested in playing retro games.

That doesn't matter, it's still not legal. If people want to play old games, OK, then do it, but let it stay with the fans, uncommercial. Don't the f** make money with it, and the h** don't make public advertisement for it. It's illegal, and owners are going after you for it if it's too obvious, because they have the right.

antonvs

> 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.

Arguably this is a flaw in copyright laws. If a copyright owner refuses to make their copyrighted work available to the public, there should be some kind of "use it or lose it" exception - after all, this is all supposed to be in the public interest, in the end. (Haha yeah I know.)

But, that raises the issue of a company's older work competing with their newer work. They use copyright as a tool to withhold their own work, to increase the market for newer works. And companies like Disney use a "vault" model to artificially create demand for older works.

The question is, should companies be allowed to do this?

const_cast

> official retro-gaming is still thriving

The vast majority of decades-old games will never see the light of sun again. The companies are either dead, or the license is fucked to hell and back and split between too many parties.

And, even if you think it might be re-released, you could end up waiting forever. Not to mention a remaster is not the same game, it's not the same experience. A lot of people play retro games specifically because they like the retro experience.

JohnTHaller

A very small percentage do. Nearly 90% of games from before 2010 can no longer be legally purchased.

viraptor

> 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

Scrolled way to far down for this. Yep, like most laws infact.

brookst

Technical forums assume that law is code, and everything is processed as if/then statements.

bmacho

> 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.

izacus

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

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.

Reubachi

"we grant them monopoly rights to do so"

Who is we? the combined world's governing bodies? the US corporate legal protections systems? japanese corruption?

Regardless, that is not how IP works and I do not think you think this is a proper resolution.

"just because we want it" or "it's been x years" does not pass legal scrutiny and would be dismissed in any legal venue on improper cause. You are free to not purchase the product whe navailable, where made no promises at time of orignal purchase, and are in no way harmed from the decision making of the firms.

is 30 years too long for copyrighting/trademarks? Maybe...but can't really argue that if for those 30 years they have actively defended the IP and proliferation of it from other vendors/firms. And even then.....the world is not the US.

The solution is to never purchase from the IP holder as a matte or protest. But with global scales, good luck affecting any corporations decision making.

crtasm

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

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

suddenlybananas

>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

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

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.

dfxm12

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.

bubblebeard

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.

elric

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.

pjc50

> 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

Law is not fair. The law is the reflection of power relations.

atq2119

Let's not give up just like that.

The rule of law is one of the greatest achievements of western society and a major reason for the west's global dominance.

True, it was always imperfect due to the realpolitik of power. But that doesn't change the fact that the very idea of rule of law is in opposition to rule of power.

anon191928

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

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.

meowface

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

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

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.

brookst

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.

Sander_Marechal

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

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.

xienze

> 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...

slightwinder

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.

throwawayffffas

> But AI-Companies usually do not steal data.

There at least two documented cases of the major AI companies downloading millions of books of torrents. Anthropic is in litigation about it right now, meta was in the news about it. I would be surprised if it's not all of them.

elric

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

> 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.

5ersi

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.

elric

That's a load of hogwash. Humans are only allowed to learn from books they buy or loan from libraries. We can't download books en masse from the interwebz just because we want to learn something. We're also not allowed to read stuff on websites and then regurgitate it verbatim pretending we made it. We can't even make songs that are vaguely similar to songs thag other people have made, even if they've been dead for a good while.

raron

Okay, but in that case humans should legally be able to pirate all the books, music and movies they can or are learning from.

HPsquared

Sovereign is he who makes the exception.

clarionbell

I haven't heard Carl Schmitt doctrine in long time. I hope it doesn't become as prominent as it once was.

VWWHFSfQ

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

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.

cookiengineer

Dead internet theory confirmed.

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

CivBase

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.

FMecha

Even if they do reissue said older games whenever possible for them, these are often times in altered form from the originals as well.

awongh

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

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.

ronsor

Well, I object to copyright in general, regardless of the parties involved. We should not promote regression in the name of fake "fairness."

gcau

Which companies are violating copyright on a massive scale? And what impact? (a bigger, badder impact sounds implied by you)

beezlebroxxxxxx

One example is basically all of the major AI players have used Annas Archives/Libgen's database to unlawfully access millions of books.

awongh

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?

awongh

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

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.

beezlebroxxxxxx

> 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

> 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

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.)

awongh

> The case is arguably even more clear cut: copyright protects more-or-less exact copies.

What about songwriting? Or even music performance- me performing a song doesn't produce a more or less exact copy.

cubefox

For covers, the recording is not considered the same as the original, but the underlying composition (notes and lyrics) are. Both composition and recording are separately covered by copyright.

jmyeet

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.

Tade0

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.

thefz

Nope, commerce of anything illegal is handled by GDF. Drugs even.

logicchains

It's astounding how much authoritarianism people are willing to tolerate in the name of maximising the economic incentives for producing entertainment media.

like_any_other

> willing

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

izacus

These topics are full of people defending it. Every single time.

stale2002

Here the worst part, it doesn't even maximize economic incentives! This is about media that isn't even being sold in the first place. There is no financial benefit to anyone for strictly enforcing copyright on media that isn't being profited from in the first place.

kmeisthax

[dead]

gchamonlive

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

"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.

gchamonlive

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.

44520297

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.

immibis

Capitalism is to capital what monarchism is to monarch.

You've used terms in the past like "autocracy", "cascading failure", "plastic", "human capital", "optical media", and "infotainment". Is that what precision looks like? Was that CD, CD-ROM, CD-RW, DVD-RAM, BluRay, etc, made of polyethylene or polypropylene, or maybe polyvinyl chloride?

amelius

But when will we have jail time for CEOs who invade our privacy?

rvnx

I’m sure right after street criminality will be taken care of.

nazgulsenpai

No wonder the statement from Video Games Europe[0] in response to the Stop Killing Games initiative was laughed at from every corner of the internet. It didn't say anything unexpected but just underlined why these types of preservation initiatives are so important. Should Abernic ship devices loaded with illegal ROMs? Probably not. But to prosecute a customer who bought the product legally for it is a sad joke.

[0]https://www.videogameseurope.eu/news/statement-on-stop-killi...

lormayna

Italian here. The title is a bit misleading: the raid was not ordered by the government but by justice system. They are two different entities.

Unfortunately, in Italy, we have a long tradition of situation like this one: in the early 90s, a police operation against software piracy (https://it.wikipedia.org/wiki/Italian_Crackdown) destroyed the whole BBS ecosystem, but at the end no guilty sentence.

I am betting an euro that the YouTuber will not get any penal consequence.

Chronoyes

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.

_fat_santa

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

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?

dvrj101

>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.

yesco

Wouldn't it show more agency to acknowledge you chose to focus on the word 'forced' because your desire to make a rhetorical critique outweighed your interest in engaging with the substantive issue of abandoned software preservation?

emptyfile

What are the moral downsides of pirating a game you can't buy anywhere?

os2warpman

>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...

Every single version listed on Wikipedia, except for the arcade version, is available.

edit: the arcade is £4095, including VAT with free delivery (presumably in the UK).

https://www.libertygames.co.uk/store/video_arcade_machines/d...

gamerdonkey

I'm pretty sure the post you're replying to was referring to "legit ways" as in the purchase would be actually from the current rights holder. Buying on the secondary market comes with its own problems:

1. The people who made-- er, own the rights to the game get no financial benefit. Functionally, what is the difference to EA if I download a copy of NFS: Underground, or if I buy a copy from some rando on eBay? Yes, the courts care, but it's not exactly like I'm supporting the artists.

2. You are not guaranteed a legitimate copy. eBay sellers will ship duplicated discs all the time, whether contemporary copies or ones made recently to meet the demands of retro gaming. Can you claim you got duped and offload your moral responsibility to the seller? Maybe. But you could still be a pirate.

3. Copyright law is complicated, and you might still be pirating if you do get a legitimate copy. The arcade cabinet is a great example. Did the seller own it outright, or was it on a lease that got abandoned when the game was no longer profitable? In the latter case, your purchase would not be covered by the US first-sale doctrine. So you could spend £4095 and then may as well hoist the jolly roger.

4. The used game market is a long-standing problem currently being solved by games publishers. It will not be long before there are no old CDs of retro games available because they never existed in the first place.

I've just always been weirded out when people hold up gray market purchases of used media as some paradigm of moral responsibility. It's like a financial transaction with the transfer of physical media is some magical incantation that erases all questions of ownership.

duped

> I would have loved to pay for both underground games but I was forced to pirate them since there was literally no other option.

The alternative is to play a different game, which is what the media rights holders want you to do. Or buy it at a second hand shop or off a collector. People aren't mandated to sell you something in the form you want, and you aren't entitled to buy it.

Like I have a growing collection of scifi books that are out of print. I don't complain that I can't pirate the ebooks in order to read them, I look for them where they can be found.

throaway5454

So it's not immoral for a rights holder to manipulate you into buying more product...but it is immoral for me to continue to use the product I want, even after the company has made it impossible for me to compensate them for it?

ta8645

For most of human history, it has been completely normal. It was fine to make your own cave painting look exactly like the one you saw on a visit to a neighbouring cave. It wasn't til the early 1700 that there was any formal idea of copyright, and almost 1900 before it became pervasive.

Even today, nobody gets their panties in a knot if you sell a copy of the Mona Lisa. Everyone accepts that the copyright has long expired. In other situations (as in retro games) the only question is how long, and under what circumstances, copyright should persist. Reasonable people can disagree. Making it a moral issue is a bit tiring.

Aurornis

> 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

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

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.

colechristensen

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".

ziml77

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.

forinti

They should be freed as soon as they aren't being sold by the creator.

93po

copyright theft? they're stealing copyrights?

i can do this without the snark: it's infringement, it's not theft, and changing the word to theft doesn't strengthen your argument at all. copyright inherently immoral in my opinion, and even outside my extreme opinion, it's current implementation in the US objectively doesn't align with what most people would call "good".

i doesn't make sense to respect the draconian copyright laws to the extent of not distributing 40 year old video games, that are easily obtained after 5 seconds of online searching, and whose theoretical potential purchase has zero impact on the actual working class people and families that originally made them. you are, at best, allowing Nintendo to maybe make a few bucks, if Nintendo even had the option to still buy these games in any way (they usually dont, i think)

bluescrn

> 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.

abdulhaq

Here in HN it's accepted practice to copy copyrighted newspaper articles

tartoran

There is also another market for these games with platforms like Pico-8 and Tic-80 where games are open source and one can simply pull the curtain, read the code and learn how the saussage is made. Many of these modern retro games are way more fun than most of the older copyrighted content and the community is thriving too.

bgwalter

Meanwhile, Anthropic and others aren't raided and are not blocked in Italy.

The YouTuber should have used an LLM for laundering copyright.