This is WAAAAY too big for me, but i will say this, what Nintendo is doing is Wrong, they are Greedy, and all LP videos do is give Nintendo Free Advertisement. When ever watching an LP video, its made me want to go play it, or it let me know it sucks, there nothing bad about that. and this also comes down to the fact that, if he game is payed for, (which is not a good case for YouTube cuz you probably using an Emulator to play and record it) and you wanna make a video to comment/review it, i dont see how thats illegal.
You all remember the attack on PSN by Anonymous it was because Sony took away our rights as consumers by Forcing a patch that kept you from being able to partition you HDD and put say... Linux on it. As a consumer, when you pay for a product, you now own that product, Not just the plastic box, but the case and every chip and disk drive and processor in there. You paid for all that shiz! you didnt pay for a box that plays games, you payed for every piece of equipment in that box that plays the games. that why modding is not wrong till you are playing Burt Games that you didnt pay for.
that sound off topic, but when you look at it that way, the same thing applies to the YouTube/Nintendo thing. Its greedy, and its unconstitutional! We have Rights to what ever we pay for... Do we not! If you think, these are two Completely Different Issues, thats you opinion, by my opinion is "Your Wrong"!
then again im late to this party so, this may have already been pointed out!