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Italy Uses 80-Year-Old Copyright Law to Target Retro Gaming Reviews

Italian authorities accuse Francesco Salicini of facilitating piracy by reviewing handhelds loaded with unlicensed ROMs under Article 171ter

Overview

  • Article 171ter, enacted in 1941 to curb large-scale counterfeit operations, is now being applied to prosecute owners and reviewers of handheld emulators.
  • Financial police executed a search in April at Salicini’s home and office, seizing more than 30 retro-emulation devices and his smartphone.
  • Prosecutors maintain that the mere presence of unlicensed ROMs on any device qualifies as criminal facilitation regardless of who installed the software.
  • Salicini faces up to three years in prison, a €15,000 fine and potential suspension of his YouTube, Instagram and Facebook channels before any formal indictment.
  • It remains unclear whether the complaint originated from gaming publishers such as Nintendo or Sony or from a state authority, underscoring uncertainty over enforcement motivations.