The case is shaking the retrogaming community: an Italian YouTuber who specializes in testing retro-style Android-based consoles is facing three years in prison. His crime? Simply showing Chinese consoles with preinstalled ROMs in his videos—without ever sharing or distributing the files himself.

Test videos just like any other

The content creator, whose name is not disclosed in most articles for legal reasons, is known for reviewing handheld consoles such as Anbernic, Powkiddy, or Retroid Pocket. These devices are popular among retro gaming fans because they emulate many classic systems. The catch? Many of these consoles come with preloaded games—often without proper licensing.

In his videos, the YouTuber simply unboxes the consoles, shows their interface, and launches a few games to demonstrate how they work. These are typical YouTube videos, similar to what many other creators in the scene regularly post.

A worrying legal decision

Yet it was the mere act of showing these games on screen that led the Italian justice system to open a criminal case. According to sources, authorities claim the creator “broadcasted” copyrighted content. This isn’t a case of active piracy or selling illegal hardware—it’s about showing consoles that include ROMs, even if he didn’t create or distribute them.

The prosecutor is seeking a three-year prison sentence. It’s a shocking decision, especially given how blurry the line is between product review and promoting piracy.

A case that could set a precedent

This situation raises major concerns for content creators in the retro gaming space. Should games now be blurred out during tests? Is it still safe to show menus from consoles sold “as is” on the market? Who bears responsibility—the reviewer, the seller, or the manufacturer?

According to many observers, this case could set a legal precedent in Europe, potentially reshaping how retro console reviews are handled online. The retrogaming community fears a disproportionate criminalization of a widely accepted and often informative practice.

Image: Once Were Nerd via Kotaku