The issue here isn't your local law, it's GBATemp precedent. When PabloMK7 posted their custom 3DS loading screens they were removed due to allegations that they were packaged using SDK tools (read packaged, not created). It was only when they posted a lengthy tutorial showing how it was made both with the SDK and with open source tools, then comparing the two and finding them to be identical were they able to post them once again, but even then no one used them due to the bad publicity. So a precedent was set here that even if the contents of the NSP were made with legal toolchains if official SDK tools were used in the final product in any way it was not fit for GBATemp. If mods would like to reverse this decision then I'm all for it.