Retro Gaming YouTuber Could Face 3 Years in Jail Over Alleged Piracy Promotion

Once Were Nerd (via YouTube)

An Italian YouTuber, known online as Once Were Nerd, is currently under investigation by Italian authorities for allegedly promoting pirated content through his reviews of retro handheld gaming consoles.

The creator could face up to 3 years in prison and a fine of €15,000, following a raid that saw over 30 devices and his phone seized.

The situation came to light through a recent YouTube video in which Once Were Nerd explained that on April 15, officers from the Guardia di Finanza—Italy’s financial and customs enforcement agency—visited his home with a search warrant. Their investigation centers on the suspicion that his videos promote consoles containing illegally distributed game ROMs, typically emulated versions of titles originally released by companies like Nintendo and Sony.

Devices from popular Chinese brands like ANBERNIC, Powkiddy, and TrimUI were among those confiscated. These handheld consoles often arrive preloaded with thousands of games, many of which fall into a legal gray area—or are outright pirated.

Despite the seizure, the YouTuber stated he was fully cooperative, even handing over chat logs with manufacturers to demonstrate transparency.

According to Once Were Nerd, none of his reviews were paid promotions. He claims he never received any sponsorships or included affiliate links and focused on providing balanced, unbiased overviews of the hardware. In his words, the consoles were reviewed with full objectivity, “citing both pros and cons of every device.”

The legal basis for the investigation is Article 171-ter of Italy’s Copyright Law, originally established in 1941. This law allows for criminal charges against individuals found guilty of promoting or reproducing copyrighted works without permission. While no official charges have been filed yet, under Italian law, investigators are not required to disclose details until the preliminary inquiry concludes.

What’s especially troubling for the YouTuber is that, even before formal charges are made, authorities can still take action—such as suspending or removing his YouTube channel and other associated accounts. This preemptive measure could effectively silence his content and cut off his income, regardless of whether he's ultimately found guilty.

To support his legal defense, the creator has launched a GoFundMe campaign, promising full transparency for every euro spent. As of now, the fundraiser has gathered just over $9,000. He’s also hinted at possibly relocating if the outcome of the case prevents him from continuing his work within Italy. In the meantime, he's urging other content creators—especially those reviewing emulation devices—to be cautious.

While game streaming and YouTube content often get a pass from publishers, emulation remains a legal minefield. Companies like Nintendo have taken aggressive action in the past to protect their intellectual property.