Dumb answer to dumb question.
Program itself is not illegal but content you're grabbing from it.
And now please stop these questions people, it's a usual thing here.
Does anybody actually think its NOT illegal to download games you haven't paid for? Its obviously one of those things where the software being used is perfectly legal, even if it's sole purpose is to download free games from Nintendo's servers, but using it for that purpose is illegal. With all that being said, all they can really prove is that we downloaded files from their server. That becomes questionable to me as to how illegal it really is since we did nothing at the point of download to circumvent any security measures on their servers. The files are provided via CDN, we ask for them and it blindly gives them to us. The reason it will blindly provide the files for anything that asks for them is because they are provided as encrypted files that nothing other than their console was suppose to be able to decrypt. They relied on their consoles security to prevent piracy and not caring much about the distribution of the files themselves since they are 'protected' via encryption. BUT the second you use a program like wupinstaller to circumvent all their security measures and install the obtained files to your console, it starts to become a bit more sketchy as to how legal your actions are. I recommend that you send me all of your money weekly and I will offer you protection from the vigilante pirate seekers who only want to destroy you and the console containing their property.
Actually wupinstaller doesn't circumvent any security measures. It just triggers a legit installation pointed to the sd card.
When you use a CFW to disable signature check, THEN you avoid these checks. Nintendo made one ugly mistake by allowing to install a title with a disc ticket (with is 100% legit, signed and can be used without any changes on all consoles)
Sure; in a larger number of countries that you'd think (including Italy, Canada, and Portugal or so I've heard) piracy for personal use (= no uploading) is not a crime, so you could only be tried for civil damages;
and Nintendo are surely going to look at their logs for non-eShop clients for IPs, tracing the IPs to the person who owns the connection, asking the owner of the connection for who actually downloaded the files, and asking that person for whether they own a license to the titles they downloaded -- when no 3DS user has been banned for piracy (outside of flashcards with public headers roms, which don't involve downloading from Nintendo anyway) in the 3+ years this has been possible
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