July 17, 2025, 1:03 pm | Read time: 3 minutes
There are more than just the usual gaming consoles like the PlayStation or Xbox. Especially when it comes to old classics, the ability to make them playable on other devices using emulators and other technical means has long been established. However, this carries risks–primarily legal ones. An Italian YouTuber now faces prison time for allegedly violating copyright laws.
YouTuber Faces Prison Over Android Handhelds
As reported by “Android Authority,” the YouTuber Once Were Nerd faces prison after a police unit under the Italian Ministry of Economy and Finance visited him with a search warrant. Officers confiscated more than 30 handheld gaming consoles from manufacturers Anbernic, Powkiddy, and TrimUI, message histories with the manufacturers, and the streamer’s smartphone. He was supposed to get the phone back after just a few days, but it took two months.
According to Once Were Nerd, authorities are not required to disclose the exact charges against him or who is responsible for them. These details can only be requested after the initial investigations are completed.
Allegedly, the complaint specifically mentions the reproduction and distribution of legally protected material from Nintendo and Sony. However, it is also possible that the ministry itself initiated these investigations.
Illegal ROMs Possibly Trigger for Investigations
This step apparently represents a new level of escalation for gaming fans who want to play old, emulated titles. Manufacturers like Nintendo often act quickly with so-called copyright strikes to restrict YouTube accounts and take them offline temporarily or permanently. However, the possibility of a YouTuber facing prison in this context is unusual.
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As “Ars Technica” notes, the consoles from these manufacturers are mobile devices with Android support and built-in emulators. The production and distribution of the devices themselves are not the issue, nor is the mere emulation software. However, the often pre-installed game ROMs are problematic–digital copies of games that previously existed only on cartridges, for example. Many of these devices come with numerous such game copies pre-installed.
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Since Once Were Nerd tested such consoles on his YouTube channel, authorities likely took notice of him. Many manufacturers of these handhelds are based in China, where Western copyrights cannot be enforced. Nevertheless, Once Were Nerd showcased their products, including illegal game copies. In the worst case, the YouTuber faces three years in prison.
Whether it comes to that depends on the Italian government. Once the investigations are completed, it can still decide to refrain from filing a lawsuit. Until then, it can suspend the YouTube channel–though that does not seem to be the case currently. The case shows that one should never overlook the legal situation surrounding video games, no matter how old they may be. Alternative gaming consoles that promise a lot of fun for little money should also be approached with caution.