If you read our articles, you’ll notice that we will usually feature images related to the subjects we talk about. If they came from another source and they’re not CC-licensed or similar then they are the property of someone else but we are using them under a doctrine known as fair use. Excerpts of copyrighted material may be used under fair use for the purposes of such things as journalistic reporting, so for example we can use a copyrighted picture of Captain America were we to write about Marvel superheroes. Some content owners still try to stop this, and it’s one of them that [Linus Tech Tips] has in their sights as they have published a guide to running Nintendo Switch games on a Steam Deck without they believe giving any justifiable cause for the notoriously litigious game giant to take action. It’s full of carefully blurred Nintendo IP, and there is no coverage of pirate software downloads.
On one hand it’s about a heavy-handed console developer taking down small online content producers, but there’s another angle which is far more relevant to the hardware community who read Hackaday. It also has application in the field of software emulation, because while the console manufacturer would prefer to stop all but their own unmodified hardware running a game there should be nothing to stop a legally owned piece of software or hardware being run in any way its owner chooses. This is the central thesis explored at the end of the video, and the gimmick of trying to draw Nintendo into the open on the matter is their way of bringing publicity to it.
Even though [Linus Tech Tips] is probably one of the most viewed technology YouTube channels, it’s clear that Nintendo will have the deeper pockets should they choose to rise to the bait. So we’re sure their lawyers are all over this as we write, but we’d be interested to see whether the claims made in the video are enough to see it stay up. It would be nice to think that it might cause Nintendo to reconsider some of their policies, but we’re not holding our breath.
If you’re interested in the subject of intellectual property, we’ve touched on it before.
Our header image is definitely not owned by Nintendo, it’s from Blogtrepreneur, CC BY 2.0.