“To clarify this video in question (among hundreds of others in the past) is actually well within fair use,” he said over email. “The video shows us physically demonstrating 1 2 Switch, adding our own silly commentary on camera and is edited quite a bit. It isn’t merely a matter of gameplay being uploaded without any kind of transformative work put into it.”

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Thomas insists that he still loves Nintendo, but like many YouTubers who cover the company, he is clearly frustrated. “Essentially what I’m saying is, Nintendo, please stop hurting me,” he says in his video. “Please stop trying to stop me from celebrating you as a company.”

The Nintendo Switch comes with a built-in feature to take screenshots of games, but unlike its other console competitors, does not have the ability to record and share video on social media. It seems that, for the time being, Nintendo is not ready to play nice with YouTube yet.