The industry’s most litigious company is at it again – Nintendo is throwing the book at data miners and video game modders in an effort to curb gaming leaks. The console maker has now issued a new social media guideline that may lead to DMCA takedown requests for content obtained from mods and data mining.
Nintendo recently published new content guidelines for the first time in five years. Previous guidelines had already cracked down on the online sharing of video game content such as soundtracks, but things just got harsher. The new guidelines are going after content shared on social media extracted using mods or via data mining.
A notable section of the guidelines reads, “[Content that] features unauthorized game consoles and/or software not licensed by Nintendo and/or features video, images, sound sources, etc., that cannot be used in regular gameplay, extracted through game software via data mining or other methods.
In the past, Nintendo has issued DMCA takedown requests against YouTube content creators who have been sharing its music on their channels. Some of these channels have been closed as a result of the copyright strikes. With the new guidelines, it looks like we will be seeing much more frequent DCMA takedown requests.
What sets Nintendo apart from most game publishers is the fact that it does not distribute music through digital service providers such as Apple Music, Spotify, or Amazon Music. Any music from Nintendo games found on social media platforms like YouTube has either been licensed for covers or arrangements, or illegally obtained.
The guidelines also discourage content creators from sharing video game leaks. The guidelines read, “You are only permitted to use Nintendo Game Content that is generated after the game has been officially released, or if it is from promotional materials officially released by Nintendo (such as product trailers or Nintendo Directs).”
Furthermore, the company encourages gaming creators to add their personal input or commentary to videos showing Nintendo Game Content. The popular Let’s Play videos or walkthroughs must contain some input by the creator and do not simply show gameplay footage. However, an exception is when the gameplay videos or screenshots use Nintendo system features.
Nintendo’s new social media content guideline tackles video game leaks that have plagued the industry for years. There have been massive leaks for upcoming games like Grand Theft Auto 6 and S.T.A.L.K.E.R. 2.
Nintendo itself was also hit with a massive leak in 2020 that gave gamers a rare insight into several decades of video game development including design documents, source codes, and developer tools – provided it was legitimate, of course.
Nintendo’s new content guidelines arrive just after the company’s new Community Tournament Guidelines which has been widely criticized by gamers. The new tournament guidelines cap the number of participants at 200 for in-person tournaments and ban the sale of goods and receiving compensation from third-party sponsors.
It will be interesting to see how the gaming community reacts to these new content guidelines from Nintendo. There will surely be backlash from the community and video content creators. We hope that Nintendo further clarifies its guidelines to make things clearer for everyone involved.
