Homebrew Is selling a softmodded console illegal?

leoE0405

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I have seen so many threads asking this, but a straight answer is never given.

I've modded a 3DS with 5 pieces of software (Homebrew, Anemone, FBI, FlagBrew and Universal Updater), with Luma, GodMode9 and boot9strap. There are 0 ROMs included, and I'm specifically advertising against that. Where is this legally? Am I ok to sell it? If not - what can I remove in order to change that? What does Luma, GodMode9 and boot9strap do for copyright protection - does it unlock it at all?
 

BaamAlex

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wormdood

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I have seen so many threads asking this, but a straight answer is never given.

I've modded a 3DS with 5 pieces of software (Homebrew, Anemone, FBI, FlagBrew and Universal Updater), with Luma, GodMode9 and boot9strap. There are 0 ROMs included, and I'm specifically advertising against that. Where is this legally? Am I ok to sell it? If not - what can I remove in order to change that? What does Luma, GodMode9 and boot9strap do for copyright protection - does it unlock it at all?
You never see a straight answer because it's more ambiguous of a question than you may think you may assume you're asking a yes or no question but it's more than just whether or not it's actually legal but in reality it's also whether or not the company that you're selling through respects the fact that or may not be legal as well as if/how they enforce said hypothetical rules... So the question you really should be asking is where is it okay for me to sell the system in this condition... The answer Craigslist

Edit: this is all without mentioning the obvious that laws change with the region in the US there's Federal state and city laws and while Federal is across the whole country state and city change depending on your actual location.

Do you see now why there's no straight answer given in any one thread
 
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RandomMan25XX

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I have seen so many threads asking this, but a straight answer is never given.

I've modded a 3DS with 5 pieces of software (Homebrew, Anemone, FBI, FlagBrew and Universal Updater), with Luma, GodMode9 and boot9strap. There are 0 ROMs included, and I'm specifically advertising against that. Where is this legally? Am I ok to sell it? If not - what can I remove in order to change that? What does Luma, GodMode9 and boot9strap do for copyright protection - does it unlock it at all?
So long as you sell it without any roms you should be fine, worst case scenario is nintendo taking down the post you put up to sell it
 
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elk1007

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I wouldn't advertise it as "hacked" because some sites don't allow that. Afaik, you can't sell "hacked" consoles on eBay (been a few years since I tried).

My advice is to remove any homebrew or roms, then advertise the 3DS as hackable.
 

The Catboy

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It's illegal unless you're sell low firmware console
I've never heard of that law before

Selling a system with CFW is not illegal, at least in the US there isn't a law against it. What would be illegal is selling pirated ROMs on the system, that's copyright infringement. Some people might argue the ethics of pricing since all of the software is free and thus selling a hacked system at a markup would be considered ripping someone else. But that's more of an ethical argument. I would suggest checking your country's national laws and local laws before doing anything.
 

Yayo1990

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No, It's not illegal as long as you aren't providing games along them. I did soft mod consoles for money when I was in a pinch and I always declined whoever asked me for games as well.

Funniest episode in there being a dude who asked me to mod his PS Vita, asked me the price, said "he'll let me know" and when I contacted him back he said "he followed a Youtube tutorial" but softbricked and doesn't know how to fix the issue and tried to ask me about it "without paying" so I just replied with shrug emojis until he stopped writing.
 
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IluaLinerin

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For what i know it depends on the state and country you live in, many have obtuse and/or confusing legislations and law's about piracy and illegality regarding software, specially cfw or user made modifications, in some other places they don't have any regulations, you should check the legislation you are bound by, and the one the company you are trying to use as a reselling platform is bound by, and even then you might by "legally risking it", think that the rules are made by a bunch of old dudes that barely know how to use a smartphone, let alone what is a console and what's the difference between CFW and OFW, the company X could say that using a nonofficial charger is piracy and they would end up believing it.
But honestly, i've never seen any individual going to jail or having legal trouble with reselling a modded single console, usually you would have to be a "business" dealing directly with pirated roms to end up in a legal issue, as stated by @Yayo1990 above.
 
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KuntilanakMerah

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For what i know it depends on the state and country you live in, many have obtuse and/or confusing legislations and law's about piracy and illegality regarding software, specially cfw or user made modifications, in some other places they don't have any regulations, you should check the legislation you are bound by, and the one the company you are trying to use as a reselling platform is bound by, and even then you might by "legally risking it", think that the rules are made by a bunch of old dudes that barely know how to use a smartphone, let alone what is a console and what's the difference between CFW and OFW, the company X could say that using a nonofficial charger is piracy and they would end up believing it.
But honestly, i've never seen any individual going to jail or having legal trouble with reselling a modded single console, usually you would have to be a "business" dealing directly with pirated roms to end up in a legal issue, as stated by @Yayo1990 above.
remember Team Rebug Xecuter who sell jailbreaking device for nintendo switch, now they're sued by nintendo
https://arstechnica.com/gaming/2022...ed-team-xecuter-pirate-jailed-for-five-years/
 

Yayo1990

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For what i know it depends on the state and country you live in, many have obtuse and/or confusing legislations and law's about piracy and illegality regarding software, specially cfw or user made modifications, in some other places they don't have any regulations, you should check the legislation you are bound by, and the one the company you are trying to use as a reselling platform is bound by, and even then you might by "legally risking it", think that the rules are made by a bunch of old dudes that barely know how to use a smartphone, let alone what is a console and what's the difference between CFW and OFW, the company X could say that using a nonofficial charger is piracy and they would end up believing it.
But honestly, i've never seen any individual going to jail or having legal trouble with reselling a modded single console, usually you would have to be a "business" dealing directly with pirated roms to end up in a legal issue, as stated by @Yayo1990 above.

As far as I remember soft-modding your console is illegal in Japan or Korea. In other countries even computer stores would hardmod consoles if they had access to modchips whatsoever. They don't provide games though.

remember Team Rebug who sell jailbreaking device for nintendo switch, now they're sued by nintendo
Yeah, about that, It's sort of "gray zone", because if you're selling a console that you bought, modded and re-sold you're sort of breaking the law but if you mod your own console you aren't? I don't get it either.
 

Nikokaro

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In my country I have already sold 2 softmodded handhelds online without any problem. In any case you don't have to shout with the megaphone that you have modified it. Just tell the eventual buyer in private. Even on eBay or Amazon it's not like they're there to seize and search the console to see if it's jailbroken. They think solely of profit, always ready to turn a blind eye, if not both, if necessary. 😉
 

wormdood

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In any case you don't have to shout with the megaphone that you have modified it. Just tell the eventual buyer in private.
I'm fairly certain that's the whole point of this thread to find out if they can advertise as a CFW system as that as it will obviously add value to the system compared to one that's not ... To sell it without mention of it being hacked is to remove the perceived extra value from the system then the seller wouldn't be able to sell it for as high of a price
what about those who came with roms like China Console

it comes with roms too
This is obviously illegal (roms and all) but you have to remember you said china and the thing about that is it's not illegal in China so they don't care about the fact that wherever they're sending it it will likely be illegal
 

Nikokaro

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I'm fairly certain that's the whole point of this thread to find out if they can advertise as a CFW system as that as it will obviously add value to the system compared to one that's not...
What extra value? Everyone is capable of modifying (softmod) a console nowadays. Another matter, however, if it is a hardmod. In any case where I come from a console in its original, unmodified state is more valuable than a hacked one, especially if it is very old but well kept (e.g. GBA SP ags 101).
 
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assassinz

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What extra value? Everyone is capable of modifying (softmod) a console nowadays. Another matter, however, if it is a hardmod. In any case where I come from a console in its original, unmodified state is more valuable than a hacked one, especially if it is very old but well kept (e.g. GBA SP ags 101).
True, but there are some people who either don't want to put in the effort or are too scared to do the mod themselves. So I can see how buying a modded console is a convenience for some willing to pay extra for it.
 
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assassinz

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I have seen so many threads asking this, but a straight answer is never given.

I've modded a 3DS with 5 pieces of software (Homebrew, Anemone, FBI, FlagBrew and Universal Updater), with Luma, GodMode9 and boot9strap. There are 0 ROMs included, and I'm specifically advertising against that. Where is this legally? Am I ok to sell it? If not - what can I remove in order to change that? What does Luma, GodMode9 and boot9strap do for copyright protection - does it unlock it at all?
I say no because there are many modded 3DS on ebay right now and many that have been sold. Just type 3DS homebrew on ebay and see for yourself. Look at the completed/sold auctions. Ebay doesn't care.

Even people offering 3DS mod services on ebay. So it seems it's fine to mod and sell modded 3DS with homebrew installed.
 
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