Nintendo can now ban streamers and content creators from using their games if they are caught posting “immoral” content and leaks
Nintendo posted an updated version of their “Game Content Guidelines for Online Video & Image Sharing Platforms” on September 2, strengthening their terms significantly. The update adds one new clause and edits two supplementary explanations that users must comply with when sharing and/or monetizing Nintendo-related content online.
The biggest change to Nintendo’s guidelines is the following new clause: “We reserve the right to object to any content that we believe is unlawful, infringing, inappropriate, or not in line with these Guidelines. We reserve the right to no longer allow the use of Nintendo Game Content in case of such violations.” The Japanese version of this clause is worded somewhat more explicitly, with “right to object” being phrased as “right to take legal action.”
In addition, the Japanese version makes a point of warning users against “posts that violate public order and morals,” which some people think could be Nintendo’s direct response to a recently deleted Splatoon 3 video that encouraged players to seek sexual encounters through the game.
Essentially, this new clause makes it so that any violation of the content creator’s guidelines (including posting game content before its official release date) gives Nintendo the liberty to not only take legal action but also ban a user from any future use of their IPs in content making.
The September 2 update also revises two explanations from the FAQ section, one of which specifies that Nintendo will not condone the posting of their copyrighted content (such as gameplay videos, trailers, music, art) without any creative input nor commentary from the content creator.
The other FAQ answer goes into detail about the previously mentioned new clause, explaining what kind of content is considered “unlawful, infringing, or inappropriate” (i.e. what kind of content can get you banned from using Nintendo’s games). This list includes but is not limited to content that:
Violates relevant laws;
Infringes the intellectual property rights of Nintendo (including but not limited to the unauthorized use of copyrights in the game characters, story, visual elements and music and/or registered trademarks);
Involves illegally copied or modified game software, game software produced using Nintendo’s copyrighted material without Nintendo’s authorization, or game software obtained illegally;
Shows how to use software and/or devices that circumvent security measures deployed by Nintendo to protect against infringement of its video games and console systems, such as emulators and/or other circumvention software;
Involves actions that may be considered to impair the gameplay experience in multiplayer modes, such as intentionally disrupting game progress;
Features graphic, explicit, harmful, or otherwise offensive content, including statements or actions that may be considered offensive, insulting, obscene or otherwise disturbing to others;
Interferes with the proper operation or impairs the safety of Nintendo’s products or services;
Involves cheating, cracking, unauthorized access, circumvention of technical restrictions, unauthorized modification, or use of objects, tools, or services that enable such cheating, cracking, unauthorized access, circumvention of technical restrictions, or unauthorized modification;
Features unauthorized game consoles and/or software not licensed by Nintendo; and/or
Features video, images, sound sources, etc., that cannot be used in regular gameplay, extracted through game software via data mining or other methods.
