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Worth noting once again that this isn't so much a case of "Nintendo claiming gameplay vids", but Youtube's Content ID system taking down gameplay videos. There is a pretty big difference between the two, as Youtube's system is automated and highly flawed. This system has an extremely difficult time distinguishing between fair use and something that isn't fair use which does result in false claims. However, that is why there is a system to respond to these claims and get your videos back. That system is slow and not ideal, but it exists to provide a means of getting your videos back without involving court. However, the majority of this system is not in Nintendo's hands, and the fault is largely in Youtube's automated system.