I think if they put them back up advertised as homebrew devices omitting anything to do with being used for DS ROMs (or using the nice, law friendly word "backup" which works at least in Europe) they could get away with it.
No they couldn't.
FP's product page for the AK2i
http://66.102.9.132/search?q=cache:2TWq3iP...lient=firefox-a
QUOTE* Acekard 2i writes directly to the save file on your MicroSD card. No need to manually select save types nor battery.
* Save files are compatible with other flash carts.
* Acekard 2i inherit the best quality of acekard's products. You can just drag and drop software on MicroSD card to run.
* The Acekard 2i is compatible with all homebrew because of the DLDI auto-patcher. You can just copy the homebrews to the MicroSD card and run it. You can use Moonshell, one of the most well known homebrew software on DS, for multi media. Watching movie, listening MP3, reading TXT novel on DS is so easy.
* Acekard 2i support SDHC and offer unlimited space for you. You can copy all you favorite software, songs and movie to one MicroSD card.
* Acekard 2i can be meet with any brand of MicroSD card. Do not need to worry about the speed of MicroSD card.
* Acekard 2i support Action Replay cheats in .dat, .xml and .cc format. You can select how to use AR cheats by using the build-in editor.