Hacking Is it legal to sell my original DS games once I have dumped them onto my personal flashcart?

[Ganxter]

I haven’t actually done any of this, ever. My 2DS XL is coming next week with a couple of original games and I was planning to dump said games onto a flashcart so I can have them all on the go. I am completely new to this ‘flashcart’ scene and I have read several threads saying that it is completely legal to own a flashcart as long as no roms downloaded from the internet are on it. But is it legal to dump your own games, to then re sell the original ones. Virtually enabling me to play original games for free.

It doesn’t seem right at all, but I haven’t found anyone directly saying that this is illegal. I have read the official legal document outlining Nintendo’s stand on ROMS (which didn’t mention flashcarts, but did allow the backing up of files).

If I were to go through with this, is there any way for an authority (e.i. Nintendo) to verify that the dumped games are indeed from my collection, even if I don’t have the original game cartridges any more.

I am not even sure if I’ll do this, even if it’s legal.

ps. I need flashcart recommendations. I was thinking R4i gold but if you have any better ones lmk.

Also, this is pretty dumb but I just want to make sure. Can I play flashcart games even in a new clean system with no mods/hombrew apps?

 

[PewnyPL]

Well, the general rule as far as international copyright laws go, is that you may be allowed to make a personal backup of something but only if you OWN THE ORIGINAL. The moment you sell the original game, you no longer can have its backup.

 

[DinohScene]

It's not legal.
You have to delete your backups if you sell the originals.

 

[Virdoo]

It's not like anyone will know that you dumped backups. Also what's the point of dumping roms since you can easily download them

 

[Ganxter]

It's not legal.
You have to delete your backups if you sell the originals.

Well I guess that answers my question. Thanks mate.

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It's not like anyone will know that you dumped backups. Also what's the point of dumping roms since you can easily download them

I just want to do everything by the book.

 

[Zaphod77]

The following things you can do with a ds flashcart are legal.

1) play DS games that you dumped yourself using godmode9/decrypt9/possibly a DS homebrew, provided you still own the carts. You can put all your games in one place that way.
2) run DS homebrew.
3) hack your 3ds with ntrhax, so you can dump your DS games.

The following are not legal
1) using downloaded roms from the internet, even if you DO own the carts.
2) playing roms of DS games you do not own.

 

[DeadSkullzJr]

The following things you can do with a ds flashcart are legal.

1) play DS games that you dumped yourself using godmode9/decrypt9/possibly a DS homebrew, provided you still own the carts. You can put all your games in one place that way.
2) run DS homebrew.
3) hack your 3ds with ntrhax, so you can dump your DS games.

The following are not legal
1) using downloaded roms from the internet, even if you DO own the carts.
2) playing roms of DS games you do not own.

Oh look, rules hardly anyone obeys .

 

[Zaphod77]

well yeah. but that's what the OP apparently wanted to do.

 

[Joom]

snip

 

[loveShmups]

hum.... isn't this web site here, a little bit "gray" ?
I mean common : we spoke all day about hacking, etc.

It's a call of conscience !
You buy CD of music, make a copy of it for your phone (mp3,etc.) and then sell the CD on ebay... what do you think ?
Is it legal or not ? Well it's not...
Now some people think there is an "implicit tolerance" for old games (like NES games, etc.).. there isn't !

 

[RedBlueGreen]

The following things you can do with a ds flashcart are legal.

1) play DS games that you dumped yourself using godmode9/decrypt9/possibly a DS homebrew, provided you still own the carts. You can put all your games in one place that way.
2) run DS homebrew.
3) hack your 3ds with ntrhax, so you can dump your DS games.

The following are not legal
1) using downloaded roms from the internet, even if you DO own the carts.
2) playing roms of DS games you do not own.

None of those are legal actually. Using homebrew apps to dump DS roms is still illegal because it circumvents the copy protection. It is a DMCA violation and is still a copyright infringement like piracy. If you have to use a tool to dump something then you're circumventing copy protection. Unless you can pop something into your PC and copy it without using additional software and hardware (like popping an old CD on the disk drive and just dragging and dropping the files) then you're still voilating the DMCA and committing copyright infringement.

 

[MegaKyurem]

What about rom hacks? Do you just have to own the game it was a hack of?

 

[RedBlueGreen]

What about rom hacks? Do you just have to own the game it was a hack of?

If the hack is distributed as a ROM it's still illegal. It would have to be a patch to be "legal", but then you couldn't play it anyway because you'd have to have a dump of the original game which would be illegal to dump.

 

[Navonod]

What about rom hacks? Do you just have to own the game it was a hack of?

Yes.

 

[Meteor7]

If I were to go through with this, is there any way for an authority (e.i. Nintendo) to verify that the dumped games are indeed from my collection, even if I don’t have the original game cartridges any more?

As far as we can tell, the only way Nintendo can detect if you're playing a downloaded ROM is if you go online with a game that hasn't been released yet.

 

[The Real Jdbye]

None of those are legal actually. Using homebrew apps to dump DS roms is still illegal because it circumvents the copy protection. It is a DMCA violation and is still a copyright infringement like piracy. If you have to use a tool to dump something then you're circumventing copy protection. Unless you can pop something into your PC and copy it without using additional software and hardware (like popping an old CD on the disk drive and just dragging and dropping the files) then you're still voilating the DMCA and committing copyright infringement.

That is true, but OP isn't in US and they may not have similar laws where he lives.

 

[Flashed]

In my country we don't have that types of dilemas lol

 

[Retinal_FAILURE]

What if i copy a word document that i wrote and put it on my other computer than sell my MS word license?

 

[PewnyPL]

What if i copy a word document that i wrote and put it on my other computer than sell my MS word license?

Well, the license is for the software, the documents are just that, documents, you have full right to them since you created them, the only thing now is that you can't open it since you don't have Word... but you could download Libre Office or Open Office or Whatever Office (tm) and open it that way.

 

[Jayro]

Well I guess that answers my question. Thanks mate.

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I just want to do everything by the book.

Even if you do, there's no metadata in the ROM to prove where it came from. Only a creation date.