Mario Kart 8 has launched, and leaving aside a few quibbles (looking at you, totally ruined battle mode), the game is quite good. One of the standout new features that many were excited about is Mario kart TV. Allowing gamers to upload clips of their favorite moments in highlight reel form for all to see seems like a no brainer for the mascot kart racer. The function is handled directly in the game. Simply complete a race, and the game will prompt you to view the highlight reel. You then have the option to upload it directly to YouTube, all without leaving the game.

I want to be very clear here. The Mario Mart TV function is not a third party app, or some outside capture device. It is handled in the game, and was placed there by Nintendo themselves for the express purpose of sharing Mario Kart 8 footage on YouTube. Many of us hoped that this feature would signal a sea change in the way Nintendo interacted with YouTubers. The company has been notoriously hardnosed about footage of ANY of it’s games appearing online. In recent months, they have settled for co-opting all revenue earned by a video rather than banning it outright. 

Naturally, I was happy to test out the feature. It’s easy to use, though I do have a few complaints with the time limit and resolution (720P max? REALLY?!). Those pale in comparison to my newest complaint though. After completing the new Rainbow Road, I eagerly uploaded my highlight reel of the race, ready to share it with my fellow staffers at Sanitarium.FM.

Imagine my surprise when moments later I found THIS in my video manager:

Let’s recap. Using a tool that Nintendo provided me, while playing a game that they built this tool for, and expressly encouraged me to use at the end of every single race got me….a copyright strike. Now, the more astute among you will note that it is a Third Party Copyright Notice, and is directly connected to the music and not the video footage. However, that doesn’t excuse the issue here. As demonstrated by the total lack of issues I have had with my other test of this service (footage of the Sunshine Airport track- WITH music), YouTube’s automated system can be directed NOT to place claims on certain material. While I certainly don’t think this is a malicious act on Nintendo’s part, at a minimum it’s incredibly lazy. And frustrating. 

It’s also further proof that whatever they might say, Nintendo just doesn’t have a clue how online gaming or the internet actually work. As for me, until (or if) this ceases to be a problem, I will not be uploading any more clips of Mario Kart 8, despite what the game might prompt me to do at the end of every race.