It was only pulled from github because of the red waves load screen.
Nice to see you here again
Doesn't matter what Nintendo "wanted", we are talking about legality here. I really "want" to murder the next door neighbour's dog but it isn't legal for me to do so. Likewise freeShop is perfectly legal, so they had to pick on a copyright infringement of a loading screen to try to hurt it.
I thought that was because it used the 3DS splash screen and other graphics Nintendo deemed too close to its intellectual property.
As can be proven by the lack of complaints against makerom, which is where the logo actually is inserted from
Well, actually it depends on the country whether downloading or buying pirated material is illegal. Most I know of, it isn't. It's the act of distributing stolen goods (whether its the source material or unauthorized copies) that is illegal. That is why they go after uploaders because according to the law, they are the pirates, not the consumer who downloads the material.
Nintendo had it pulled from github because of the bootsplash that it was using, which is indeed their intellectual property. The rest was added was just fluff and empty threats, they believed it could be used piracy and added that note as purely fluff and nothing more, then listed the real reason for the removal (which was the bootsplash.) freeShop the homebrew is not illegal, the act of piracy itself is illegal.
If the app was not meant to be a piracy app the developer would make it block the title keys website.
Useless complexity added to the code for no benefit (said site moving? custom DNS? trivial to remove in the first place?)
Now you are just adding words to my post that weren’t there. It doesn’t matter what the intent for app was. freeShop does not provide the keys, it does not provide links to the keys, and as it stands the only copyrighted code that was used had been removed.
That's not actually the primary reason. The DMCA prohibits breaking someone else's encryption, which is the primary purpose of the application. It's for that same reason it's illegal to rip DVDs as if they were CDs: DVDs have copy protection (read: encryption) that the DMCA protects. They listed the logo as an example of something that was actually stolen.
The part I underlined is false, as it is ironically the 3DS kernel operating as intended that actually performs the decryption (using keys supplied by whatever enctitlekeys file was used, loaded through an unsigned ticket that CFW forces the kernel to accept)
the only genuine thing in the complaint was the copyright of the loading screen. Otherwise...
I'm not arguing the point or whatever (I understand what you're saying) but wasn't the actual reason GitHub pulled it because it used either a copyrighted image or code or something? There's all kinds of software that relies on a similar mechanic on GitHub, I assume on GBAtemp I don't need to name all of them but for instance PKGi on the Vita or FunkiiU for WiiU and 3DS.
It was because someone or some company, allegedly representing Nintendo, submitted a DMCA takedown request to Github; and Github followed the letter of the DMCA, which makes them not liable if they block now and ask questions later (or never)
In the original post, I’ve stated that it is not the original app I’m asking about.
In that case,getting the title keys from the source illegitimately is illegal,so yes.
