According to a thread on Reddit this video only showed emulators and not ROMs. Pretty wild that there is no accountability for these actions.
Content ID was born out of a desire to keep Viacom happy after Google got sued: https://en.wikipedia.org/wiki/Viacom_International_Inc._v._Y...
In short, it's not YouTube's (or GitHub's, etc) call, this is part of the agreement with copyright holders (the DMCA copyright law).
Don't take that as an endorsement though, I hate the system as much as you do.
I get why you might think this but it’s also almost categorically wrong nowadays. Sony and Microsoft have significantly larger portions of their old games available for replay or purchase than Nintendo does. The only virtual console content produced for the Switch has been locked behind their low quality online servers. I definitely look forward to BOTW2 and maybe an end-of-generation Pokémon game but otherwise I have a very dim view of Nintendo.
It is probably still in violation of the DMCA. The DMCA also makes illegal tools that are primarily intended for circumvention, which these emulators almost certainly are.
But, even moreso, removals of videos on youtube are typically not done through the DMCA directly, but rather through a private extra-judicial system youtube manages (content-id et al).
Of course youtube has the rights, as a private company, to remove videos for no reason. Of course Nintendo can request youtube to remove any video for any reasons, DMCA or not, with no legal issues.
I doubt any DMCA, false or otherwise, has actually been issued in this case, and "accountability for incorrect DMCAs" would not help as a result.
Nope. Emulators do not circumvent copy protection. When a ROM maker is extracting the game content from the original version, they are breaking copy protection. The ROM file they create and distribute does not have copy protection, so the emulator does not need to include copy protection circumvention.
> But, even moreso, removals of videos on youtube are typically not done through the DMCA directly, but rather through a private extra-judicial system youtube manages (content-id et al).
These are not, which is the point. Nintendo is doing this intentionally with their own DMCA takedowns. These aren't accidental false positives picked up by content id.
Parent’s point is that Nintendo is not sending actual, official DMCA takedowns. They go through Youtube’s system that only needs suspicion of violation to strike the videos.