By law, you're just committed to distribute the executable since I doubt the toolchains licenses I use to build the apps/games allow to market them, I have to check (except for Windows, Linux and Web).
However, any Gen7 build executable doesn't contain a lot of data and is more a loader/wrapper for them, and most of the actual game is in the files that are produced by Gen7 only, and these can be freely marketed, and you can add in the executable checks to verify their authenticity.
But you can't market it on the eShop, since anyway the executables are designed to be launched in an homebrew environment.
However, any Gen7 build executable doesn't contain a lot of data and is more a loader/wrapper for them, and most of the actual game is in the files that are produced by Gen7 only, and these can be freely marketed, and you can add in the executable checks to verify their authenticity.
But you can't market it on the eShop, since anyway the executables are designed to be launched in an homebrew environment.
Last edited by iyenal,