Nintendo is hoping to wrap up its lawsuit against gamer Jesse Keighin, aka EveryGameGuru, after he failed to answer the complaint. The game giant seeks $17,500 in damages for copyright infringement, including streaming pre-release games and sharing links to emulators. In addition, Nintendo requests a broad global injunction to prevent future infringements, even for games that do not yet exist.
Do they, though? They create the world, but the player is the one controlling the action.
If I publicly read a book, I replay the contents verbatim. Basically an exact copy. But playing a game IMHO is more like fan-fiction. I’m making my own story and thus there should be no way to get any legal case against showing/publishing this to others.
That being said, if you monetise your videos and make money from them, it becomes a whole different story.