Jailtime for Retro Game Console Reviews? Italy’s Copyright Enforcement Sparks Debate
Italian YouTuber raided over handheld review, faces possible jail time.
Italian YouTuber raided over handheld review, faces possible jail time.
Copyright laws often serve corporate interests. Even tiny missteps by creators can lead to takedowns, lawsuits, or worse. These laws punish the harmless while ignoring large-scale offenders.
This imbalance lets rights holders strongarm small creators. Whether it’s background music or reviewing a device, minor uses become legal risks. Exceptions like fair use or fair dealing rarely protect individual creators in practice.
One such case that's come to light is of Italian YouTuber Francesco Salicini, also known as Once Were Nerd.
The video is in Italian. You can use the English subtitles because the auto-dub does not capture his tone accurately.
Francesco is accused of promoting piracy by reviewing Android handhelds loaded with copyrighted games, mainly videos featuring Anbernic handhelds that come with pre-installed ROMs of proprietary titles.
He is being accused by the Guardia Di Finanzia (Italy's financial police) of breaking Article 171 of the Italian Copyright Law (Law No. 633 of April 22, 1941). If found guilty, he could be looking at jail time ranging from six months to three years.
The complainant has not been named, as Italian law requires that the complainant’s identity remain confidential during investigations to protect all parties involved.
Keep in mind that this didn't happen overnight. The case has been ongoing for three months now. It all started in April when agents from the Guardia di Finanza raided Francesco’s office and family home.
They are even seeking to shut down his YouTube channel and accounts on platforms like Twitch, Facebook, Instagram, Discord, and Telegram, excluding his TikTok, which does not feature Anbernic content.
Francesco has been advised by his lawyers to be tight-lipped about the details as the investigation continues. But if the case goes to trial, it will require considerable preparation and resources to defend properly.
What’s worrying is that many YouTubers around the world have reviewed similar handheld devices without legal issues. Yet, in Francesco’s case, authorities are aggressively pursuing charges.
To prepare for any outcome, he has started a second channel to keep sharing his work, even if this case doesn’t end in his favor.
If you’re looking for my opinion, it’s crazy how low-lifes who’ve done worse get to live freely, while people just trying to show cool gadgets are treated like criminals. What has the world come to? 🫤
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