In my opinion, user land homebrew is okay.
I don't really like the "5 games of your choice!" Gimmick because that's pìräçy, same with bundling title grabbers like free shop. There isn't a difference.
A9lh is ok as long as no pìräçy related tools are preloaded.
I am looking at this through a legal spectrum.
If you view A9LH as ok to be sold on a modded 3DS, then what difference is it? The buyer will just as easily be able to put games on the system if they want and/or get the likes of freeshop. So either the buyer pays a little to you for the extra convenience of getting whatever games they wanted not he device without having to find and install the games themselves, otherwise they just in theory pay a little less for a modded system without any of those titles, but then they themselves can go get those titles as well if they want.