YouTuber May Face Jail Time for Reviewing Retro Gaming Devices

As gaming content continues to grow on platforms like YouTube and Twitch, copyright enforcement has become more aggressive—especially around emulation. While companies like Nintendo have issued takedowns in the past, a recent case out of Italy marks a sharp escalation.

Italian YouTuber Once Were Nerd, who covers retro gaming, found himself at the center of a legal investigation this spring. His crime? Reviewing handheld gaming devices that sometimes ship with copyrighted ROMs.

Police Raid Over Emulation Hardware

On April 15, officers from Italy’s Guardia di Finanza showed up at the creator’s home and office with a search warrant. Their mission: to investigate the alleged promotion of pirated content.

Authorities seized over 30 devices, including handhelds from ANBERNIC, Powkiddy, and TrimUI. These are popular with retro gaming fans because they support emulation of old consoles.

Even though many of these devices don’t come with preloaded games, they often ship with SD cards that include full ROM libraries—sometimes without the user’s knowledge.

Phone Taken, No Charges Filed (Yet)

According to the YouTuber, he cooperated fully. He provided chat logs with manufacturers and handed over his devices without resistance. Officers also confiscated his phone, which was returned two months later on June 15.

What makes this case more troubling is that under Italian law, authorities don’t have to reveal the specific charges or name the complainant until their initial review is done. This puts creators in a vulnerable spot—stripped of their gear, unsure of what they’re accused of, and left waiting for a decision that could take months.

Worse yet, the police can request that a channel be taken offline even before guilt is proven. That’s a major concern for content creators who have built an audience over years of work.

Article 171 Ter: A Law From Another Time

Authorities argue that the YouTuber violated Article 171 ter of the Italian Copyright Law, which was enacted in 1941. The law allows up to three years in prison and a fine of €15,000 if found guilty of distributing or promoting pirated media.

This specific law was originally written in Italian Lira and has since been converted into Euro penalties. Still, the outdated language and structure of the law raise questions about whether it fits the digital age.

The complaint reportedly references copyrighted works from Nintendo and Sony. However, it’s still unclear whether those companies filed the complaint or if the investigation was initiated solely by the agency.

Italy is at the forefront of the anti-piracy push, as we have seen numerous instances in the past of authorities targeting IPTV Operators & more:

• IPTV Subscribers Fined by Italian Authorities
• IPTV Operator Sentenced to 4 Years in Prison
• Authorities Use Raids to Block Pirate Sites

No Sponsorships, No Affiliate Links

In his defense, the creator says he never posted sponsored reviews of the products. That alone sets him apart from many others in the space. He also claims to have avoided affiliate links to remain as unbiased as possible.

It’s worth noting that many ANBERNIC units can be bought clean—without ROMs. But other retailers or importers sometimes load cards with copyrighted content before selling them. That detail may play a big role in how the case is decided.

You can view the full video from YouTuber Once Were Nerd below.

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