Homebrew FAQ: Is freeShop legal?

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The Catboy

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It violates the DMCA & EUCD, so the answer is not so simple. Distributing tools or even telling people how to violate them are legally problematic.

DeCSS was written to allow legally purchased DVD's to be played on Linux and that was deemed illegal, as it could be used for piracy even though it had legal uses too.

You may also run into problems of reverse engineering laws. Some countries outlaw it completely, while others permit it but restrict what you can do with the information you obtain.

Unless you test it in court then you can't say it's legal, if they decide it's the same as DeCSS then you'd be screwed.
Like I said before, we walk a legal tight rope. Technology under the DMCA any forms of hacking your system is illegal. So even running Homebrew Launcher actually breaks the law. Still the legal and ethical debates on DMCA violations really warrants it's own topic as I really couldn't do it justice. I am also grossly bias and believe the DMCA is complete shit and violates my rights as the legal owner of my own system(s.) I paid for them, I legally gave money to a store to give Nintendo, thus transferring ownership to me. Nintendo telling me, "No, you hack your stuff," just makes it seem like I rented it from Nintendo instead of buying it.
If you enter a home and steal from it, it's illegal, even if they didn't lock their door. IANAL but that seems like a terrible argument to me
That's very true and I can't argue that stealing my stuff is theft. Expect freeShop doesn't steal anything as the game is still physically present on the system. Redownloaing legally bought games does not remove that game from other users. As well piracy itself is not actually theft for the same reasons
 
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AegisCZ

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1. you can use (directly or indirectly) bittorent, mozilla, ddl, ftp or google for piracy
2. hacking consoles is legal, title keys are stored in your 3ds (you can do anything you want with them). bcuz ninty doesn't communicate with hackers, we figured it out
3. you don't have to use freeshop, you can use CIAngel or original eShop
4. title keys can be used in a legal way. for example, you lost you 3ds and you don't have Nintendo ID, ninty also did not answer your email so this is the only way.
5. you are not sharing backups, you are sharing bits of code (official code). you add it to nand and open eshop. bing ... done

freeshop is legal.
they can't take down p2p.
you already have it installed (you don't have to care about takedowns)
nintendo is stupid enough not to patch it
stop going to these threads and complaing about it, they will do nothing about it. there was nothing saying that they can update your device without your permission (they won't patch / brick your device)
smea is working on title key guessing algorithm (from what i know / heard)

TL : DR
freeshop and *that key website are both legal and invincible
 

SoslanVanWieren

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Well your not gonna get caught so go ahead and pirate but you should really support the devs and only pirate bad games if it's a bad game the devs who made it don't deserve your money
 

PrincessLillie

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Like I said before, we walk a legal tight rope. Technology under the DMCA any forms of hacking your system is illegal. So even running Homebrew Launcher actually breaks the law. Still the legal and ethical debates on DMCA violations really warrants it's own topic as I really couldn't do it justice. I am also grossly bias and believe the DMCA is complete shit and violates my rights as the legal owner of my own system(s.) I paid for them, I legally gave money to a store to give Nintendo, thus transferring ownership to me. Nintendo telling me, "No, you hack your stuff," just makes it seem like I rented it from Nintendo instead of buying it.
I agree completely. This is one of the many reasons we need to revise the DMCA.
 

AegisCZ

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Well your not gonna get caught so go ahead and pirate but you should really support the devs and only pirate bad games if it's a bad game the devs who made it don't deserve your money
nintendo made superclosed platform, only 3ds indie games are shovel knight, terraria, steamworld and few others... most of nintendo games cost 30 - 50 dollars, it isn't fair price for the game length, these games are overpriced and only games on the 3ds. there are also these copies (four bombs, minecraft clone and such). nintendo deserves pirates, they make tons of money and they care about the 1% they lost because of their bad security? :rofl:
 

PrincessLillie

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Kinda stupid how hacking your own things illegal and breaking it is not if hacking its illegal shouldn't smashing it with a hammer be to
Not really. Breaking/smashing doesn't (currently) break any laws (unless it's someone else's item. That's vandalism.) whereas hacking is a technical violation of the Digital Mellennium Copyright Act.
 

gamesquest1

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tbf Nintendo are the company that gives the least craps over piracy, while M $ and Sony go on mass lifetime system bans and online bans for any form of cheating/piracy and go out of their way to flag and ban offenders Nintendo either cba or are really crap at their jobs as it would be trivial for them to do the same (even though there is only a handful of online games anyway) and even when they do issue ban's they usually make them temporary unless your a repeat offender or doing something particularly bad/disruptive
 
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The Catboy

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more people than you think pirate all my firends do it not on the 3ds but with pc games etc
I am aware, but that's not the point here. This thread is not about piracy, it's about freeShop. And before you go, "But freeShop=piracy." I am going to say it enable piracy like Google, Firefox, Chrome, uTorrent, etc.
If you enter a home and steal from it, it's illegal, even if they didn't lock their door. IANAL but that seems like a terrible argument to me
So I was using my phone and couldn't give this a better reply. The thing is, neither uses of freeShop are actually theft. If you download your own legally bought games (the intended purpose of freeShop,) then it falls under more of a legal grey area that would be very hard to press in court without answering countless other questions. If you use it for piracy, then that's piracy, but not theft. Piracy is not theft as it does directly remove the original copy. Walking into my home and taking something is theft because you took something that belonged to me and I no longer have it. A better example of what's going on with piracy, is walking into my home and making a copy of my couch. Then taking that copy as your own couch. You didn't pay for that couch, but you also didn't steal it. Of course this bring's it's own moral arguments, but like the DMCA one, really should be it's own complete topic. Both DMCA and piracy are both on topic and off topic in this case, if that makes sense.
 
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Sorry but did we really need a thread for this?

If somebody doesn't know how FreeShop works or that it acts in a legal gray zone, they shouldn't be using it.
 

The Catboy

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Sorry but did we really need a thread for this?

If somebody doesn't know how FreeShop works or that it acts in a legal gray zone, they shouldn't be using it.
Considering how many times this question is asked, I feel it warranted a thread
 

vinstage

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Sorry but did we really need a thread for this?

If somebody doesn't know how FreeShop works or that it acts in a legal gray zone, they shouldn't be using it.
If somebody finds access to a software that gives them free games they will use it. Whether they know how it works technically speaking or not. As long as they know how to install the games, generally speaking that's how it is. So, this thread is useful to clear things up for those that actually had the decency to look it up. :P
 

Funkymon

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This thread is delightfully wishful thinking. All Nintendo would have to claim is that the eShop is used to manage digital rights and that this software circumvents that protection.
 

The Catboy

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This thread is delightfully wishful thinking. All Nintendo would have to claim is that the eShop is used to manage digital rights and that this software circumvents that protection.
An interesting note, I covered that in the OP.
But I can still break it down. Nintendo actually doesn't protect their servers and actually allows everything from Anon transactions to even downloading games from your web browser. Their lack of proper security would raise more questions for Nintendo than anything else.
 
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Parallax2814

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An interesting note, I covered that in the OP.
But I can still break it down. Nintendo actually doesn't protect their servers and actually allows everything from Anon transactions to even downloading games from your web browser. Their lack of proper security would raise more questions for Nintendo than anything else.

I agree. It's akin to me leaving the front door of my home unlocked or the door wide open and I leave to go to work. If someone breaks in (or walks in), then yes they shouldn't be doing that and there is a moral line that is crossed. However, I must take responsibility for it as well because I left the door wide open in the first place. If I were to take said person who came into my home to court, I'd likely lose to a certain degree.
 

The Catboy

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I agree. It's akin to me leaving the front door of my home unlocked or the door wide open and I leave to go to work. If someone breaks in (or walks in), then yes they shouldn't be doing that and there is a moral line that is crossed. However, I must take responsibility for it as well because I left the door wide open in the first place. If I were to take said person who came into my home to court, I'd likely lose to a certain degree.
That's mostly true, but it would be more like someone coming into your house and copying everything you own.
Again, those games are still on the servers, so it's not really theft
 
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