FAQ: Is freeShop legal?

Discussion in '3DS - Homebrew Development and Emulators' started by Lilith Valentine, Apr 29, 2017.

  1. Ev1l0rd

    Ev1l0rd (⌐◥▶◀◤) Developer - noirscape

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    Use your search-fu. Nobody wants to open up a can of worms.
     
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  2. aykay55
    This message by aykay55 has been removed from public view by BORTZ, Sep 21, 2017, Reason: one word post.
    Sep 18, 2017
  3. Lilith Valentine
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    Lilith Valentine GBATemp's Wolf-husky™ Melodramatic fool

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    It's on there twice, you just have to click the links. I made them links for a reason.
     
  4. aykay55

    aykay55 Professional Idiot

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    Where the buffalo roam.
    Sorry, I was checking it quickly and didn't see.
     
  5. Sketchy1

    Sketchy1 gbatemp's shadiest warez dealer

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  6. Jayro

    Jayro MediCat USB and Mini Windows 10 Developer

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    Let's not bring that up here. You can find threads about it in Google.
     
  7. aykay55

    aykay55 Professional Idiot

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    Where the buffalo roam.
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  8. jt_1258

    jt_1258 GBAtemps Midna

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    ok, chill, he was answered, let's drop this as quickly as possible so we don't have a nuclear meltdown like the original freeshop thread turned into
     
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  9. Sketchy1

    Sketchy1 gbatemp's shadiest warez dealer

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    Bah, its not your fault, its not like you knew :ha:
     
  10. aykay55

    aykay55 Professional Idiot

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    Where the buffalo roam.
    I had Safe Search on and that was filtering out most of the results as well.
     
  11. Sketchy1
    This message by Sketchy1 has been removed from public view by BORTZ, Sep 21, 2017.
    Sep 18, 2017
  12. jt_1258
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    Sep 19, 2017
  13. BARNWEY
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    Sep 19, 2017
  14. aykay55

    aykay55 Professional Idiot

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    Okay, let's just forget about this guys. Before the nuclear meltdown.:nayps3:
     
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  15. Zaphod77

    Zaphod77 GBAtemp Fan

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    The truth is that freEshop is obviously intended for piracy, despite it's silly disclaimer to the contrary.

    If it was truly intended as a legit alternative client, it would not provide an integrated way to download and KEEP UPDATED a shared titlekey database from the internet.

    If it did not have the integrated titlekeydb update feature, and it was up to the user to manually update the titlekey database, then the silly disclaimer might actually legally protect them. and there used to be a separate program to download the titlekey database, called freeshop updater. it has a soundbite of "Youuuu arrrreeee a piiiiirate!" :)

    There are only three reasons to use freeshop. 1) download games you do not own without paying for them (circumventing technological measures), 2) download from the eshop when you are banned from doing so (circumventing technological measures), and 3) download without an NNID (also circumventing technological measures). Considering you need the NNID to actually buy from the eshop, it's very hard to argue that the app has even one legitimate purpose, meaning the app author is liable for contributory infringement, even without the DMCA. The DMCA takedown was correct. If it was't proper, a counternotice would have been filed.

    Additionally, in common law jurisdictions (everywhere BUT louisiana in the USA) the courts take a dim view of trying to loophole your way out of charges. If taken to court, the judge would certainly call BS on the arguments that it is legal.

    There is really only one legitimate use of freeshop that I can think of. that is to redownload stuff you have bought after a eshop ban. Anyone else who can think of any, please post them, as that is the only way that freeshop could possibly be legal.
     
    Last edited by Zaphod77, Sep 21, 2017
  16. Ev1l0rd

    Ev1l0rd (⌐◥▶◀◤) Developer - noirscape

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    Being a bit self-contradictory there fellow?

    I would also like to note that all devs from Cruel on don't live in the US (I'm not sure where Cruel lived, but I thought it was England). You Americans, applying American law everywhere. American law does not apply to those outside of the US.
     
  17. DinohScene

    DinohScene Feed Dino to the Sharks

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    99% of the people use freeshop for piracy.

    Freeshop is only legal if you dump your own titlekeys from your own 3DS.
     
  18. Zaphod77

    Zaphod77 GBAtemp Fan

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    the DMCA is the us implementation of the WIPO treaty provisions, and many other countries that have signed that treaty have very similar laws. All signatories to said treaty that i know of have anti-circumvention clauses.

    The anti-circumvention parts, and actual copyright violation are separate issues.

    Downloading stuff from the e-shop you have already paid for is not a copyright violation. The circumstance of being banned from the e-shop after having bought games is the only time freeshop is needed to do the download. that's why i said it's a legit use.
     
    Last edited by Zaphod77, Sep 21, 2017
  19. jt_1258

    jt_1258 GBAtemps Midna

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    being to lazy to dump your game carts so you can install them :eyes:
     
  20. Zaphod77

    Zaphod77 GBAtemp Fan

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    Still a violation.

    Downloading a .3ds or .cia from elsewhere when you have the cart is still a violation. You do not own that digital copy, you own a physical copy. The copy is infringing, and only permission from the copyright holder can turn an infringing copy into a non infringing one. Only dumping it yourself and destroying the dump when you no longer have the cart is not a copyright violation.

    Downloading free apps from the e-shop without an NNID would be another possible use of freeshop that doesn't violate copyright.
     
    Last edited by Zaphod77, Sep 21, 2017
  21. Ev1l0rd

    Ev1l0rd (⌐◥▶◀◤) Developer - noirscape

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    Still, I'd say freeShop is less infringing than CIAngel which offers you to directly download the illegal files. Not even "look for an url", it just straight up says "would you like to download this highly copyright infringing file".

    It's just that freeShop is the more famous tool due to receiving a public DMCA once in the past that caught the attention of various news sites.

    By this logic, FBI and Decrypt9 would also be illegal due to them allowing you to install/dump CIA files and FBI also allows you to install tickets and download their connected files. Yet nobody complains about those.
     
  22. ihaveamac

    ihaveamac GBAtemp Guru

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    in my opinion, freeShop shouldn't call itself an eshop clone unless it uses your installed tickets, and not have a feature to read keys from a file or update said file online. it is just flat-out a piracy tool otherwise.
     
  23. Zaphod77

    Zaphod77 GBAtemp Fan

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    FBI can be used to install cia format homebrew for increased performance compared to .3dsx, and converted archival copies.
    decrypt9 can be used to create non infringing archival copies.

    if freeshop actually fetched your private titlekey database instead of trying to download a public one, it would be the alternative client it claims to be.
     
  24. Ev1l0rd

    Ev1l0rd (⌐◥▶◀◤) Developer - noirscape

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    I would be in support for such a change, but I doubt any developer will implement it since it involves removing features.
     
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