Retro Gaming Handheld Reviewer Faces Possible Jail Time Over Copyright
Italian retro-gaming YouTuber Francesco Salicini of Once Were Nerd fame is facing serious legal trouble after authorities from the Guardia di Finanza raided his home and seized over 30 handheld gaming consoles, including particularly popular Anbernic devices loaded with emulated ROMs. The raid had occurred on April 15, Salicini's personal phone was only returned two months later, and he now has been notified that he could face up to three years in prison and a $17,400 fine under Italian copyright law
At issue is Article 171ter of Italy’s copyright law originally enacted in 1941, which criminalizes the “promotion of pirated copyrighted materials.”
Prosecutors allege Salicini’s videos, in which he reviews Android‑based handhelds that come pre-loaded with NES, SNES, PlayStation, and other ROMs, violated this provision. While emulation itself isn’t illegal, the offering of copyrighted games bundled with these devices is the root of the case.
Salicini asserts he took steps to remain legal: he avoided sponsorships and affiliate links, hoping to stay impartial and within legal bounds. However, Italian authorities maintain that mere public showcasing of such devices amounts to promotion—carrying both hefty fines and the threat of jail time.
This isn’t the first time Italian authorities have cracked down on ROM-laden devices. Last year, a large shipment of counterfeit retro consoles valued at approximately $58 million was seized.
So far, Salicini has been kept in the dark regarding his exact charges until the formal investigation concludes. Italian law doesn’t require authorities to reveal specifics early, but ultimately it's up to the court to decide whether to dismiss the case or proceed to trial. Moreover (and perhaps more worryingly), Salicini's YouTube channel could also be forcibly taken down under precautionary legal measures, even before any verdict is reached. In response, Salicini has initiated a GoFundMe campaign to cover legal fees and insists he has done nothing intentionally unlawful..
This case highlights a growing risk for creators, especially those focused within the retro-tech space. Like Salicini, even impartial reviews can be interpreted as promoting piracy if devices include pre-loaded copyrighted content. This whole shabang reveals how some outdated laws written decades ago can pose serious risks to modern creative work.
This isn’t the first time Italian authorities have cracked down on ROM-laden devices. Last year, a large shipment of counterfeit retro consoles valued at approximately $58 million was seized.
So far, Salicini has been kept in the dark regarding his exact charges until the formal investigation concludes. Italian law doesn’t require authorities to reveal specifics early, but ultimately it's up to the court to decide whether to dismiss the case or proceed to trial. Moreover (and perhaps more worryingly), Salicini's YouTube channel could also be forcibly taken down under precautionary legal measures, even before any verdict is reached. In response, Salicini has initiated a GoFundMe campaign to cover legal fees and insists he has done nothing intentionally unlawful..
This case highlights a growing risk for creators, especially those focused within the retro-tech space. Like Salicini, even impartial reviews can be interpreted as promoting piracy if devices include pre-loaded copyrighted content. This whole shabang reveals how some outdated laws written decades ago can pose serious risks to modern creative work.
