Coming from someone who works in the TV business, I think Youtube broadcasters SHOULD pay royalties just like the rest of us, they shouldn't be allowed to get away with stuff we can't just because they are low budget. If these people are talented why the hell can't they get jobs in the industry? It's not that hard, I pulled it off and I am the least likable jerk you will ever meet. You got skills prove your worth and get a real job.
You do realize that "hey, I got a job in the industry, so why can't you during this period of high unemployment and surplus of talent in the field, as people are laid off of websites left and right?" is quite possibly the most asshole-ish thing you could possibly say, right?
No one can dispute that Nintendo is entirely in their legal right to do what they are doing, with the exception of their legal take-downs on reviews (which I still contend is fair use under criticism, which is supposed to be protected). In many ways, the industry has been building to this for quite some time. However, there's a difference between something being right from a legal perspective and being right from a PR perspective. However legally right Nintendo is to do this, coming after their most die-hard supporters who
want to talk about their games when they're in a very shake-y period financially and with Sony & Microsoft kicking their ass left and right...is not the best move to ensure future brand loyalty.
You know that old saying "Never pick a fight with someone who buys ink by the barrel?" Interpreted in a modern context, "never pick a fight with someone with thousands of followers and a button press away from turning them against you." Microsoft and Sony come out of this looking like kings by literally doing nothing, while meanwhile an extremely vocal group of people now have a cause to rail against Nintendo and
reward their competitors with coverage and positive word-of-mouth. Going after the Youtubers was the "right" move from a legal standpoint, but IMO it wasn't the "smart" move. Coming off as more of a dick when the general gaming community already don't need an excuse to ignore you isn't a Smart Play, especially with your competitors branding themselves as the anti-you (Sony's entire PS4 platform is built on the online share experience, and Microsoft's getting there, too).