Nintendo’s Cancelled Game: During the early days of December 2022, Nintendo had a journalistic documentary removed from YouTube that detailed a failed 2004 pitch for a Zelda Tactics game.
Nonetheless, Google’s video-sharing platform reinstated the work last week after failing to find copyright infringement. This is a highly unusual case of a content creator standing firm and successfully appealing a copyright takedown notice.
On December 28th, the popular YouTube channel DidYouKnowGaming tweeted, “We won.” I’m happy to report that the Heroes of Hyrule video has been restored.
YouTube also confirmed that the original copyright takedown notice came from Nintendo, not an imposter, and the video received over 20,000 views on its first day back.
This footage dated back to October and was taken from Retro Studios’ unrealized pitch for The Heroes of Hyrule, a tactical spin-off of The Legend of Zelda for the Nintendo DS.
The video extensively covers the design goals based on an interview with the ex-developer behind the rise. It delves into why the studio, best known for Metroid Prime, was interested in making it in the first place.
Six months later, in December, Nintendo issued a copyright takedown notice against the video. At that point, DidYouKnowGaming accused the beloved gaming company of censoring journalism and harming efforts to preserve historical records.
It told Kotaku it would fight for the video’s fair use, and it looks like it won. DidYouKnowGaming owner Shane Gill tweeted: “When you counter a DMCA on YouTube, the company who DMCA’d you has ten working days to show that they’ve taken legal action against you, or the video is restored.”
YouTuber beats Nintendo after it tried nuking evidence of a canceled Zelda: https://t.co/pfLU6eTcPe pic.twitter.com/WUewS4g5Qz
— Kotaku (@Kotaku) January 3, 2023
So, “I’ve spent the last two weeks checking my email to see if Nintendo is suing me.” A lawsuit had not been filed by Nintendo, at least not yet. While that choice remains open, the Mario developer will have to resort to the legal system rather than YouTube’s built-in copyright protection features if he wants the video taken down again.
Because they didn’t like what it uncovered, “they intended to scrub this piece of journalistic work from the internet,” Gill tweeted. In response to a request for comment, Nintendo, YouTube, and DidYouKnowGaming did not immediately respond.
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