Retro gaming YouTuber faces criminal charges and possible jail time for reviewing handheld consoles that shipped with pre-loaded ROMs
An Italian YouTuber who specializes in retro gaming says he's facing criminal charges and a possible jail sentence as a result of reviewing retro gaming consoles on his channel, some of which came with pre-loaded ROMs.
Francesco Salicini, who streams as Once Were Nerd, said in a video posted on July 14 (via Android Authority) that the ordeal began on April 15 when Italy's Guardia di Finanza, a law enforcement agency that focuses on financial crimes, showed up at his mother's house with a search warrant.
Believing he'd done nothing wrong, Salicini opted to fully cooperate on the spot: He invited the police to his studio, where they seized more than 30 consoles, along with his mobile phone, which they held for more than a month.
Salicini said in his machine-translated video that he's accused of violating article 171 of Italy's copyright law, which he believes is because some of the consoles he reviews on his channel ship with microSD cards filled with games. In a GoFundMe page (Google translated) raising money for his legal defense, Salicini said the problem appears to be his "sponsorship" of those consoles—presumably a reference to sponsored promotional reviews.
"While I've always insisted that these consoles can only be used if you have, as I do, the original copy of the game, and that they're also available for sale on Amazon, eBay, and various other stores, I've never 'sponsored' them, but rather 'reviewed' them with the utmost objectivity, citing both the pros and cons of each device," Salicini wrote.
Salicini isn't entirely certain of what he did to violate the law, he explained, because police aren't required to inform him of specific charges until after the investigation is completed. But the potential penalties are stiff: Article 171 of Italy's copyright law allows for prison terms of between six months and three years, however, and—because the statute was written in 1941—a fine of up to 30 million lira, which works out to a little over €15,000.
For now, Salicini's YouTube channel, with more than 220 videos, remains available; he said in his GoFundMe that the Guardia di Finanza has "blocked" his social media channels, although his Instagram and Discord are still up. While it's possible the charges against him will ultimately be dismissed after the investigation is concluded, he said in his GoFundMe that he expects it will ultimately go to trial—and yes, he now has a lawyer. I've reached out to ask for comment and will update if I receive a reply.