FAQ: Is freeShop legal?

Discussion in '3DS - Homebrew Development and Emulators' started by Lilith Valentine, Apr 29, 2017.

  1. Lilith Valentine
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    Lilith Valentine GBATemp's Wolfdog™ I drool on my knife

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    Sorry for the late reply, I had to get on lunch to really make a reply to this one. So basically it's still piracy to download the Japanese version of the same game you already own. You legally own the US version, but that doesn't mean you own versions from other regions. Unless it were the case where the game is the same across all regions. Otherwise you only own that regional version.
    Now I am not 100% sure on this one since copyright laws are rather poorly equip to deal an issue like this. Not to mention country differences in copyright laws. But I am going to with the stance of, you legally only own the copy of the game you bought. Otherwise the titles are treated as two separate titlekeys. But like I said, this is something I am not 100% sure on and will have to do further research.
     
    Last edited by Lilith Valentine, May 16, 2017


  2. gamesquest1

    gamesquest1 Nabnut

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    well except for the whole pokemon sun and moon situation where the eshop version is region free but the game wasn't officially out in EU leading to some bans

    but again as long as people stick to downloading games on their official release it should be fine, it's only really the pokemon games that are using a single universal copy of the game and I doubt the 3ds will be getting any more of those
     
  3. Lilith Valentine
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    Lilith Valentine GBATemp's Wolfdog™ I drool on my knife

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    I actually had to look that up, I didn't know they were released later in the EU. I thought Nintendo moved past that
     
  4. Ev1l0rd

    Ev1l0rd ◥▷◁◤ Knight of Void

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    Nope. They are still ridiculous with regional timing. Specter of Torment is STILL not out in Europe, despite the Americas already having it for over a month. Only the Switch has true region-free at the moment if I'm not mistaken.
     
  5. Lilith Valentine
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    Lilith Valentine GBATemp's Wolfdog™ I drool on my knife

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    Now that's a damn shame
     
  6. zenzetsu

    zenzetsu Newbie

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    yay! now I don't have to feel as guilty using freeshop
     
  7. Lilith Valentine
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    Lilith Valentine GBATemp's Wolfdog™ I drool on my knife

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    I added a hyper link to "TL: DR section"
    Also I would like to mention that this thread does not advocate piracy nor does it argue the legality of piracy.
     
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  11. Pedeadstrian

    Pedeadstrian GBAtemp's Official frill-necked lizard.

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    Not gonna read all 9 pages of replies, but I'm gonna go ahead and say that the whole "It's okay to download straight from Nintendo's servers since they didn't secure it" argument is a load of baloney. If a bank for one reason or another forgets to lock their vault that doesn't mean people are free to take money from it without consequence since "it's Nintendo's the bank's fault."
     
  12. BARNWEY

    BARNWEY THE MLG DINOSAUR

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    FreeShop isn't used for just piracy, you can dump your enctitlekeys.bin file off your 3ds, and use that to redownload games and updates you legally own. That's why it's technically legal...
     
  13. Ev1l0rd

    Ev1l0rd ◥▷◁◤ Knight of Void

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    That's not the argument though. The argument is that freeShop is legal, as long as you are supplying your own keys to it. Now I'm aware few people use it like that (I personally use it for my own keys and try to promote this behavior, since the alternative has caused freeShop discussion to be banned from /r/3dshacks).

    These files are public, but they are encrypted. No reason for Ninty to protect them any further, as encryption isn't easily broken nowadays, unless you have the key. All freeShop does is give you an alternative interface to use these keys (the official one is just the eShop). The 'free' part in freeShop comes from the fact that it is free as in free Speech. Not as in "free games".

    Legitimate uses for freeShop include:

    - A cleaner interface for the eShop which is hugely bloated to the point of unusability.
    - A better filtering mechanism than the eShop offers.
     
  14. Lilith Valentine
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    Lilith Valentine GBATemp's Wolfdog™ I drool on my knife

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    You did read all of it and simply stopped at one point.
    It's not the lack of security that makes it legal. It's the argument that answers the question of, "Is it legal for freeShop to access these servers." Being that Nintendo does not restrict who can and can't access them, and even the method to access them. The the answer is basically "Yes, freeShop can legally access these servers as they are not restricted." If there was an account based service that required the user to login first, then that would a different story.
    Actually the bank would be held at fault if they forgot to lock the safe. Of course that would not negate the crime, but the bank would still be penalized for negligence.
     
    Last edited by Lilith Valentine, Jul 4, 2017
  15. Pedeadstrian

    Pedeadstrian GBAtemp's Official frill-necked lizard.

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    Thank you for validating my point.
     
  16. Lilith Valentine
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    Lilith Valentine GBATemp's Wolfdog™ I drool on my knife

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    I validated that robbing a bank would be against the law.
    Once again, I would like to mention that I am not arguing the legality of piracy nor is that the intent of this thread.
     
    Last edited by Lilith Valentine, Jul 5, 2017
  17. Jayro

    Jayro MediCat DVD and Mini Windows 10 Developer

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    I have never heard of cops busting your door down and halling you to jail for game sharing.
     
  18. Lilith Valentine
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    Lilith Valentine GBATemp's Wolfdog™ I drool on my knife

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    Well actually
    Given enough evidence of a crime, Nintendo has actually thrown their weight around. Of course in that case, there was plenty of evidence against him showing that he was committing a crime.
     
  19. Jayro

    Jayro MediCat DVD and Mini Windows 10 Developer

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    Fair enough, but I'm not Australian, I'm American. We have bigger fish to fry than some small time software pirates. Pirates are like, on the very bottom of their "To-Bust" list.
     
  20. Pedeadstrian

    Pedeadstrian GBAtemp's Official frill-necked lizard.

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    Neither was I. I saw people making a flawed argument and argued against it. That was all.
     
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  21. Lilith Valentine
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    Lilith Valentine GBATemp's Wolfdog™ I drool on my knife

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    Take me out of the game, coach
     
  22. BARNWEY

    BARNWEY THE MLG DINOSAUR

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    The software itself is legal. What some people do with it may be illegal, but there are also those who use it for legitimate purposes...