DidYouKnowGaming Called Nintendo's Copyright Bluff
DidYouKnowGaming is one of the biggest gaming documentary YouTube channels. With over 2.3 million subscribers, the channel discusses everything from lost games, gaming history, and deep dives into gaming related topics. Last year, Nintendo took down one of the channel's videos about "The Legend of Zelda," upsetting fans everywhere. At the time, the minds behind Did You Know Gaming were intent on challenging the copyright strike, which paid off.
The video in question was about "Heroes of Hyrule," a tactical "Zelda" game that never saw the light of day. A few months after it was uploaded, Nintendo removed the video with a copyright takedown notice. DidYouKnowGaming took to Twitter, sharing a picture of the notice and explaining that the channel believed Nintendo was trying to "silence whatever journalism [Nintendo doesn't] like, [which is] a slap in the face for video game history preservation."
The channel also pointed out that it would be trying to get the video back up and running, which actually worked on December 28. Now, the video is up and available for all to see, and the creator of DidYouKnowGaming explained how they were able to call Nintendo's bluff.
How DidYouKnowGaming did it
Shane Gill, the creator of DidYouKnowGaming, explained that creators have the right to counter DMCA strikes on YouTube. When this happens, the group that issued the DMCA strike has 10 business days to prove that there's legal action happening, and Nintendo never took action, so the video was reinstated.
This is presumably because Nintendo didn't actually have any legal basis to issue the DMCA strike in the first place. According to Gill, DidYouKnowGaming only used legally obtained information and presented it "in accordance with fair use." The specific information that Gill claimed Nintendo had an issue with was the design document that detailed the pitched game.
DidYouKnowGaming also thanked fans on its official Twitter account, saying that the channel was positive that the complaints from its fans influenced Nintendo's decision not to pursue legal action. Fans were pretty excited to see this win against Nintendo when it comes to DMCA strikes, as in the past the company has been strict when enforcing copyright law online. Considering DidYouKnowGaming created the video legally and Nintendo still tried to take it down struck many the wrong way, making the win feel massive. The gaming company is notorious for protecting its IPs and assets, previously sending over 1,300 copyright strikes to just one YouTuber.