Italian YouTuber Investigated for Promoting Pirated Gaming Devices

An Italian YouTuber known as Once Were Nerd faces potential criminal charges stemming from his promotion of Android-based gaming handhelds that allegedly feature pirated copyrighted materials. The investigation, initiated by Italy's Guardia di Finanza in April 2025, could lead to a jail sentence of up to three years under Article 171 of Italy's copyright law, which addresses the promotion of pirated content. This case underscores the ongoing tensions between content creators and copyright enforcement in the digital age.

Once Were Nerd has gained a following on his YouTube channel by reviewing various gaming devices, primarily those produced by companies like Anbernic and Powkiddy. These handhelds are designed to emulate classic consoles such as the Super Nintendo and PlayStation Portable, often pre-loaded with game ROMs that may infringe on copyright laws. In his videos, Once Were Nerd showcased these devices, including their capabilities to run popular titles from Nintendo and Sony, which have led to scrutiny from copyright holders.

The controversy began when agents from the Guardia di Finanza arrived at Once Were Nerd's home with a search warrant, seizing over 30 handheld consoles and demanding correspondence with manufacturers. According to an official statement from the Italian Ministry of Economy and Finance, the investigation is part of a broader crackdown on copyright infringement in the gaming industry.

Legal experts have noted that the situation illustrates a significant gray area in copyright law. "While emulation itself is not illegal, the inclusion of ROMs that are still under copyright protection raises serious legal issues," stated Dr. Mark Thompson, a Professor of Intellectual Property Law at the University of Bologna. He added, "The enforcement actions taken against content creators in Italy reflect a stringent approach to copyright protection that may stifle innovation and creativity in the digital landscape."

The involvement of major corporations like Nintendo, known for its aggressive legal stance against copyright infringement, raises questions about the future of content creation in this sector. "This situation may scare off other YouTubers from exploring similar content due to fear of legal repercussions," commented Sarah Lee, a media rights advocate and co-founder of the Digital Creators Alliance.

Once Were Nerd has publicly stated that he believes he has not violated any laws, arguing that his content is intended for educational purposes and is protected under fair use. He expressed his commitment to fully cooperate with investigators while maintaining that his channel has provided valuable insights into the gaming industry.

The case also highlights a growing concern among content creators regarding copyright enforcement on platforms like YouTube. In a statement released by YouTube, the platform emphasized its dedication to upholding copyright laws while balancing the rights of creators. "We strive to support content creators while respecting the intellectual property rights of others," the statement read.

The investigation is still ongoing, and it remains unclear whether charges will be filed against Once Were Nerd or if the case will be dismissed. Until then, the potential for significant legal consequences looms over the future of his channel and similar content creators navigating the complex landscape of copyright law.

As digital content continues to proliferate, the implications of this case extend beyond individual creators, touching on broader issues of copyright enforcement, content creation rights, and the future of gaming emulation. The outcome could set a precedent for how similar cases are handled in Italy and potentially influence international copyright discussions moving forward.