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well, nintendo is just protecting thier copyright content, much like other companies like sony or capcom, if one makes profit out of the intelectual property of someone else then that company has the right to claim a part of the cake, just that 30-40% could be scary to anyone so if nintendo doesnt want to discourgae the youtubers they should take about 15-25% of the money

this reminds me of what the angry joe went through with capcom

https://www.youtube.com/watch?v=X_hOomLtuuQ