It doesnt really say anything, maybe beacause they dont expect you not to release what you develop on eshop, but they dont explicitly prohibit neither. And I dont have a lawyer...
You'd be breaking your NDA by releasing homebrew cia's from the SDK. As far as whether they'd go after you is another story - the 3ds isn't a big priority for them now. They don't even sell 3ds dev hardware anymore.
One thing is for certain though, you won't make a red cent selling your homebrew that way. The 3ds is not a viable commercial platform anymore, even if you somehow sell legit. It's 10 years old.
Last edited by zoogie,
I dont intend on selling anything, I just want to do copies of games that I enjoy and play them on other platforms. Like, making a fnf clone just so I can play that on my 3ds, and releasing that to the community. I've seen other projects like the Five Nights at Freddy's port for 3ds/vita that use the nintendo/sony SDK, but there always is someone talking about the legality of them. And Im really afraid of doing something wrong
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