Homebrew FAQ: Is freeShop legal?

[Vieela]

Was it legal for him to put the free shop back on another site like GitHub when it was DMCA-ed on GitHub

I think yes (kinda of)
As far as i know,they DMCA'd because the use of the eshop logo and icon but with modifications,and it is indeed copyrighted content.

 

[SoslanVanWieren]

What about the banner he just ripped the bags from the e-shop one and changed the color

 

[Vieela]

What about the banner he just ripped the bags from the e-shop one and changed the color

That too. I think it got DMCA'd because the use of Nintendo's eshop logos. (Nintendo eshop icon,logo and the starting/loading screen when the software was open).

 

[The Catboy]

What about the banner he just ripped the bags from the e-shop one and changed the color

That one would have still been on Nintendo's end to press. If they felt it violated their design and sent a request to remove it, then it's basically illegal. Otherwise one could argue that it's modified enough to be distinguishable from the source material.
Something you need to consider is the Nintendo is extremely harsh with their takedown notices. Thus anything not included their notice is often considered "fair game." Nintendo didn't bring up the banner, only the bootsplash.

 

[StarTrekVoyager]

Actually, the freeshop has a feature that allows scanning a QR code from that titlekey site. I don't remember if it mentions "that title key site", but in any case I don't see a use for this if it isn't Piracy

 

[manupera]

Finally some good explanation, nice one Crystal!

 

[NexoCube]

It's Nintendo's fault for not securing their eShop server to not allow downloads from other sources.

They can't, once we got haxx it will always be easy to access it from a Homebrew, but they can prevent PC download

 

[Dionicio3]

God dammit, I wanted to make this post XD

 

[Ryccardo]

Was it legal for him to put the free shop back on another site like GitHub when it was DMCA-ed on GitHub

The new host is European, so they're not bound by (more or less frivolous) DMCA complaints;

whether that was in good or bad faith depend on whether or not the 3DS logo is actually copyrightable, plus the source code has always been legal - it's just that Github doesn't allow reporting only the releases section (house rule, not legal requirement), so the whole repo had to go

The act of "choosing the most favorable legislation to operate from" itself is legal, and done by megacorps the world over

 

[The Catboy]

Actually, the freeshop has a feature that allows scanning a QR code from that titlekey site. I don't remember if it mentions "that title key site", but in any case I don't see a use for this if it isn't Piracy

To be correct, the option allows you to scan a QR code to automatically setup a url to auto-update the title keys. Which was actually a feature to allow private servers to be added, that key site then added the feature to their site.
The QR option was added to freeShop before it was added to that key site. Regardless of secondary intentions, it was added intentionally for private servers.

 

[Salamencizer]

This is a really informative thread and should be stickied imo.

 

[dronesplitter]

I'd just like to know, since Nintendo already offers an eshop program to obtain the games you own, then how is this really kosher to use unless you clearly mean to go outside the legal bounds it offers? You don't need it for the legal use it hides behind, so those that use it need it for its illegal use.

Not that I'm posting this to start a discussion, just something for everyone to think about for their own morality/ethics. Have a nice day.

 

[The Catboy]

This is a really informative thread and should be stickied imo.

My suggestion is to report the thread to be stickied.
This is the actual suggestion for all threads that users believe needs to be stickied

I'd just like to know, since Nintendo already offers an eshop program to obtain the games you own, then how is this really kosher to use unless you clearly mean to go outside the legal bounds it offers? You don't need it for the legal use it hides behind, so those that use it need it for its illegal use.

Not that I'm posting this to start a discussion, just something for everyone to think about for their own morality/ethics. Have a nice day.

Because the eShop is kind of shit and redownloading your games from it requires annoying steps.
But this topic really isn't about the moral or ethics of the program, but to answer the question of, "is it legal?" Which it is.

 

[PrincessLillie]

So, if I understand correctly, freeShop is legal, but distributing title keys/tickets and downloading distributed title keys/tickets is illegal?

 

[OrGoN3]

The only illegal part should be the sharing of the keys from that key site. Hence why it is not included in the FreeShop application.

 

[AegisCZ]

i think about it this way:
the freeshop itself is opensource. it just uses title keys on your device to mimic eshop and download from nintys servers. "but there was nintys logo!" ... it was not commercial software so nintendo was just trying to shut it down. now, that the logo is removed, they can do nothin about it.
but there is also automatic key downloading but eshop does that to. it downloads keys from the server (using nintendo ID)onto the device. that can be also used to download keys from your private backup server.
So they can't say it is meant for pirating (they don't have an excuse).
+ they can fix this by setting their server right and pushing an update, but they are too lazy

 

[The Catboy]

So, if I understand correctly, freeShop is legal, but distributing title keys/tickets and downloading distributed title keys/tickets is illegal?

Yup, basically. FreeShop itself breaks no laws and doesn't endorse breaking the law, thus freeShop itself is legal. Keys that you do not legally own are the only illegal part. Which of course they are distributed nor encouraged by freeShop.

i think about it this way:
the freeshop itself is opensource. it just uses title keys on your device to mimic eshop and download from nintys servers. "but there was nintys logo!" ... it was not commercial software so nintendo was just trying to shut it down. now, that the logo is removed, they can do nothin about it.
but there is also automatic key downloading but eshop does that to. it downloads keys from the server (using nintendo ID)onto the device. that can be also used to download keys from your private backup server.
So they can't say it is meant for pirating (they don't have an excuse).
+ they can fix this by setting their server right and pushing an update, but they are too lazy

I should make this the TL: DR version

 

[Ryccardo]

since Nintendo already offers an eshop program to obtain the games you own

How would you officially redownload the digital games you paid for, if you alternate between multiple consoles and/or have been banned?

 

[smf]

But that doesn't answer the question is freeShop itself a legal homebrew? And the simple answer is actually yes.

It violates the DMCA & EUCD, so the answer is not so simple. Distributing tools or even telling people how to violate them are legally problematic.

DeCSS was written to allow legally purchased DVD's to be played on Linux and that was deemed illegal, as it could be used for piracy even though it had legal uses too.

You may also run into problems of reverse engineering laws. Some countries outlaw it completely, while others permit it but restrict what you can do with the information you obtain.

Unless you test it in court then you can't say it's legal, if they decide it's the same as DeCSS then you'd be screwed.

Just because Nintendo aren't taking action, doesn't mean it's legal.

tl;dr writing a wall of text that says that something is legal may fool some people, but it won't fool a judge.

 

[SoslanVanWieren]

There's no DMCA on notabug so Nintendo can't take it down unless they threaten notabug with legal action