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Porcupine_I said:

Fraser from Video Games Awesome explains the situation pretty well i think.

Basically he is saying if Nintendo claims the rights to his videos, he can appeal it and claim free use, which usually works since it is transformative work. But his show is actually different from other Let's Players, since it includes the actual people playing and a chat. So i'm not sure if it works like that for everyone, but it's good to hear some details of the whole process and how it affects people.

Well, since Youtube's algorithm mass flags everything appealing the claim is the logical thing to do^^