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YouTuber faces jail time for showing off Android-based gaming handhelds - Ars Technica
(arstechnica.com)
this post was submitted on 17 Jul 2025
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In what part are they legal?
I think a lot of abandonware is legal? Devices like this usually support few dozens old consoles, which you can't even buy, and you can't buy games for them. Stuff like commodore64, old nintendo, etc. And you upload stuff there via USB usually. So the problem I guess is to see where the line draws, because some of those ancient games are legal to pirate now while others are still illegal because their right holder is still in business even though they effectively are abandoned and impossible to buy.
The legality of abandonware is disputed. Traditionally, even if the IP is unavailable, it doesn't make it legal to distribute. Copyright law is also defined jurisdictionaly. I'm not defending copyright, but it is important to understand risks when accessing this.
Now, in the States, I didn't believe receiving or even playing this game system would be illegal, but people have been jailed for making and distributing such devices. Our corporate overlords also have no qualms about squelching content based on perceived copyright violations.
This influencer is in Italy, and the laws seem to be heavily against owning such system.
My understanding is that some people think abandonware is legal because you can't be sued in the US by someone who doesn't have legal standing in regards to the issue. If the owners don't exist or don't care, there's nobody to do enforcement.
It's still in violation of copyright law so long as the copyright hasn't expired, but if nobody can come after you, then the law will not be enforced.
Well, I agree that if nobody owns the IP then there is literally no harm no foul.
Again, not that I'm here advocating for the rights of the poor IP holders, but it would be important to determine if there is an owner to property to call it abandonware.
Unfortunately, Nintendo diligently patrols their interest in this matter. I believe they hold titles until they determine they can generate revenue. Part of it is trying not to saturate the market so they can continue making money off new games. Some of it is possibly due to the willingness and availability of partners.
Yeah, there's no question that when it comes to Nintendo there is none of their IP that is now abandonware