Homebrew Is the 3DS CFW illlegal?

[Nudu]

I've modded my 3DS but a friend said, this is illegal (mod without freeshop, etc.).
Is it illegal?

 

[Cmdutka86]

I think it depends on your country laws.

 

[Dionicio3]

No, it is not illegal

 

[JordenNixNix]

In Europe, you are completely free to modify your system with CFW as long it doesn't containing copy righted materials or is used for pirating.
Keep in mind, modifying your system will break your warranty.

However(just) installing CFW on your 3DS is legal,
installing pirated stuff and free copies of games are illegal.
Some homebrew stuff, taking a NAND backup is allowed as well.
Homebrew apps like Freeshop, that gives you free access to software and games is illegal. (It is considered as theft)

 

[8BitWonder]

Homebrew apps like Freeshop, that gives you free access to software and games is illegal. (It is considered as theft)

Freeshop itself is a legal application when used with your own enctitlekeys.bin. It only becomes an illegal application when using encTitleKeys.bin from other users or that one site.

 

[Knightwill]

Modding your personal device not against the law but it loss warranty but piracy is pirating games is illegal

 

[GilgameshArcher]

No, it is not illegal

 

[TR_mahmutpek]

legal or illegal, does it matter too much?

 

[ThoD]

Installing CFW is 100% legal no matter where you are, as it's at most a EULA violation, meaning the worst that can happen is that your warranty will be voided, but if you are installing CFW you should have expected that anyway. Using homebrews and anything that doesn't involve the free use of copyrighted material is also legal. By that it means that pirating FREE games (officially free, Pokemon Shuffle for example) is legal too, as you are in no way costing the company money, although outside of Europe and the US this might be different. As for FreeShop that was mentioned, you can't claim something is bad or illegal when used in a way that was not intended. In FreeShop's case for example, it's stated right in the instructions that you should be using YOUR encrypted titlekeys database, so just because it COULD be used to pirate games, it doesn't mean it's illegal. Same case with FBI, it was meant to install homebrews, so just because it can install games too, doesn't mean it's illegal.

But to be honest, what should be illegal is to have CFW and not reap the benefits it offers

 

[Ryccardo]

Keep in mind, modifying your system will break your warranty.

That in turn depends on the definition of "warranty": the commercial one, written in the manual, which is a private contract between owner and manufacturer (is void with softmods... unless you're smart and restore a backup);

or the legal one between buyer and seller (unless your actions caused or aggravated the problem, you have the right to a repair, swap, or refund at the discretion of the seller, in the whole EU, for 2 years if you're a private consumer, 1 if bought in the name of a business or used for commercial purposes)

 

[TsUnDeReAznGuY]

I've modded my 3DS but a friend said, this is illegal (mod without freeshop, etc.).
Is it illegal?

Since you bought it, it's now your property (the device) so you are free to do what you want with it. However modding it breaks Nintendo's Tos and they have right to deny any services that they provide to you (Nintendo E shop, 3ds repairs/replacements, playing on Nintendo game servers, etc)