Homebrew Am I allowed to play games online on a 3ds with custom firmware?

[Chuppy]

Hello, I recently got a 3ds, I have an R4 card with a lot of old ds games and a genuine copy of acnl. Would it be safe to play a payed-for game online while having custom firmware downloaded?
Thanks

 

[godreborn]

yes

 

[dwaliwyth]

YES! I've been playing mario kart lately, its fun really.

 

[Sendel]

Yes you can, Nintendo has stopped the ban on 3ds.

 

[The Catboy]

Nintendo really only banned for a few factors, like cheating online, inappropriate content on Miiverse (which is no longer a thing,) and playing super popular games, like Pokemon, before launch. Other than that, there really hasn't been any reports of anyone being banned for going online with CFW on their 3DS or even going online with CIA installed games.