A retro gaming YouTuber in Italy claims he might end up in court and could even face possible jail time for reviewing Android-powered handheld gaming devices that sometimes come pre-loaded with old games.
As reported by Android Authority, Italian YouTuber Francesco Salicini, aka Once Were Nerd, claims in a video uploaded on July 14 that the Guardia di Finanza—an Italian militarized police force that focuses on economic and financial crimes—raided his home and took around 30 consoles, including retro emulator handhelds. The raid happened on April 15, and police allegedly even took the YouTuber’s personal phone and didn’t return it until June.
According to Salicini’s video explaining the entire situation, law enforcement in Italy is apparently not required to disclose what he is being charged with or who specifically brought the charges against him until the initial investigation is finished. At that point, a judge would decide to dismiss the case or take it to trial.
Kotaku has reached out to Salicini about his legal issues.
The complaint Salicini received from Guardia di Finanza cites him violating Article 171ter of Italian Copyright Law. That same complaint also lists Sony and Nintendo, but it’s possible that Italy’s Ministry of Economy and Finance was responsible for bringing forward the charges against the YouTuber. Salicini believes this is because he has reviewed retro handhelds from companies like Anbernic, which sometimes come pre-loaded with classic game ROMs. While emulation is legal, ROMs exist in a weird, murky grey area.
The law that Salicini might have violated was written in 1941 and comes with a maximum punishment of €15,000 and up to three years of jail time.
Salicini has started a GoFundMe to help cover his legal fees. On the fundraiser page, he explained that the Guardia di Finanza is now taking “precautionary measures to block all my social media channels.” He also says he has already contacted a defense attorney and expects that he will have to go to trial.
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