Retro Gaming YouTuber Faces Possible Jail Time Over Handheld Console Reviews

Italian retro gaming YouTuber Once Were Nerd (Francesco Salicini in real life) is being threatened with possible imprisonment and heavy fines simply for reviewing handheld gaming consoles that often ship with preloaded copyrighted ROMs of classic games from the likes of Nintendo and Sony. 

  Italian law enforcement (the Guardia di Finanza) raided his home and office in April 2025 and seized over 30 consoles including products from ANBERNIC, Powkiddy, and TrimUI, which are known to be shipped with microSDs filled with copyrighted ROMs. 

  His private phone was held onto for about two months during the investigation. 

  The charges supposedly arise under Article 171 ter Italian Copyright Law, originally enacted in 1941, which might impose fines of up to €15,000 and prison time anywhere between six months to three years for the infringement and promotion of pirated material. 

  He is accused of "promoting" piracy by reviewing devices that come with preloaded copyrighted games while Salicini denies he has been a sponsor or promoter, stressing that he does independent reviews and does not condone piracy.

  Italian law enforcement may even shut down his YouTube channels before a trial, a special and serious threat that goes far beyond the typical copyright strikes encountered by creators on sites like YouTube.

Salicini is cooperating fully with the investigation, which is still ongoing, and he has launched a GoFundMe campaign to settle legal fees even if no final charges have been laid upon him. 

The case represents a rather rare but very serious escalation of the legal risks facing creators reviewing retro gaming hardware including preloaded ROMs, given that under certain jurisdictions such as Italy the simple act of reviewing such hardware might render such creators subject to criminal charges and imprisonment.