Even so, playing a game from one region (JPN in this case) on another region via CFW is considered as illegal as playing the game without owning it. You NEED to have a JPN 3DS, and even so, by having CFW, you would be violating Nintendo's ToS and they can very well bring anyone to justice. But they won't, obviously. This is the so called "grey area" where some people says it's illegal and some people say it's not. Emulation is the same. But I think, IMO, that personal opinions shouldn't affect this kind of projects to this point. If we have a problem with piracy, we could very well have a problem with CFW. But that would be assuming that every people using CFW pirates, right? Then, it's the same with the digital copy support for the patch. We're assuming every digital copy is pirated, and, while I'll admit it's probably the case, that would be assuming. I don't know why we can assume some things, but not others. That bugs me a bit, tbh.
If you ask me, I think we should send the message. Put a big disclaimer at the intro, explaining how much would it help to buy the game if you're a fan of the franchise. And that's only one example. I support the team, they're doing god's job, but I have to disagree with all this "piracy prevention" thingy. You're not saying "buy the game", you're saying "I made this and I want you to buy the game, so get over it". That's just selfish. And it can be dangerous. Another person has said something alike, a few posts above, I think. People will get mad. People doesn't like to be "ordered". They want to be as free as internet let them be. And I think that's fine. I don't have anything pirated, iirc, as I have a job, and I can pay everything. Also, I'm a dev, and I know how much hurts when people steal your job. But this is a kind of censorship, IMHO. I think we should educate people, not "hitting them" and "negating them". It's similar as a parent's education to their childs. They won't teach the child to not steal other baby's toys, if they hit them, or they scream at them. They will learn it if you tell them, carefully, slowly, without violence, why what they are doing is bad, and why doing "bad" things is, indeed, bad. Idk, that's my point of view.
Said this, I thank the team for their enormous job. I'll be able to play this just because they decided we should all enjoy the game. And they are doing it for free, which is not even fair (but doing it for money would present legal issues, right). Also, as I have the physical copy of the game, I'll be able to play the case 1 as soon as you release the patch. But I'll be doing it knowing I'm doing something illegal. I'm not allowed to circumvent the region lock. I'm not allowed to modify either the game's content, or the 3DS's files/FW. We're all "bad guys" doing "bad things", but we're fighting together so this things we're doing will be something allowed, in the future, as it comes to common sense that it should be. At least the region lock thingy. I don't know why should we fight with each other, I think we're all on the same boat. On a pirate boat, or on a regular boat, I don't think that should matter.
Also, last thing. If someone should do something about this situation, that would be Nintendo or Capcom (and pray that they don't). They are the ones that should care about their software being pirated. As it affects them. My advise would be, don't go out there thinking you should do what others should be doing. If law doesn't work, don't force your law. Find a way to make the law itself work.
That's it. Have a good day.