I think this is total crap. Yes, people can argue that Nintendo has the legal right to do this, but does that make it right? I feel that this could have huge implications for other consumer goods. Once Nintendo sells me their product, I should be able to sell it to a friend or record a video of me playing it. I'm a little surprised at people defending Nintendo in this thread.
You still can...Nintendo isn't stopping you from doing either of these things.
They should have no claim to ad money from videos other people have made. Nintendo made money off the sale of the game, that's it. Again, apply this to every other consumer good that people use in their videos on the internet. Many here would argue in favor of used game sales because Nintendo should not have control over the game post-sale. Copyright laws in this case are just a tool for them to interfere in post-sale use of the product.
Many people here seem to not care because they don't record LP videos. Apathy at its worse.