While I agree that Nintendo’s approach to all of this is not very good, I have to say something about it: What nobody seems to understand is the main reason Nintendo does this. And it is not really all about money either. There is a thing called a Brand. The Nintendo Brand is associated with certain things like being family friendly and what not. Now Nintendo wants to protect their Brand from things they might not want to be associated with. Let’s Play’s for example have the downside that you could slander the game in sexual ways, make Peach metaphorically fellatio Bowser with the right perspective in a Smash Bros game and argue that this is fair use. And you know the people, the internet, this has happened, is happening and will continue to happen. And that hurts the Brand. It is basically like fanart, really. So Nintendo said you can do that if you don’t monetize it and make money off of it. Which in itself is not a problem for the millions of people who don’t live off their videos. The problem is that regular, good videos get flagged once monetized because of a few people not knowing when to stop.
This brings me to the whitelist of the Nintendo Creator Program. Many people argue that this is just Nintendo selecting what game to promote but they are wrong.
For example, the reason the N64 version of Ocarina of Time is not on that list is NOT that they want to promote the 3DS remake. The real reason is that there are 4 versions of that game and only 1 of them can actively be monetized without a problem. You see, the first version included red blood, a muslim chant and muslim symbols in certain places. Nintendo had to re-release the game without those things in different regions to not attract huge problems with certain crowds. Now if they would allow people to monetize the original version, they would invite those problems back in.
Same goes for the original Wave Race, where they simply don’t own the rights to some logos and designs in the game anymore. They simply CAN’T allow anyone to make money off of it since they don’t own the rights themselves. That is the real issue there.
We are outside those contracts, we don’t know who owns what or why but Nintendo does. In that sense their whitelist is at least a step in the right direction.