Legality of selling private headers?

Discussion in '3DS - Flashcards & Custom Firmwares' started by Tony556, Jun 9, 2015.

  1. Tony556
    OP

    Tony556 Member

    Newcomer
    15
    0
    Jun 2, 2015
    United States
    Home
    Is it illegal to rip headers and sell them?
     
    Last edited by Tony556, Jun 9, 2015


  2. Monty Kensicle

    Monty Kensicle Yay!

    Member
    1,156
    278
    Aug 4, 2008
    United States
    Commonwealth of Virginia
    I don't believe so, I've done it quite a few times myself. A grey area for the most part.
     
  3. RodrigoDavy

    RodrigoDavy GBAtemp Maniac

    Member
    1,453
    572
    Feb 9, 2011
    Brazil
    I don't know anything about Law, but I would guess it's not illegal.

    I mean, the header is just a unique sequence of characters used to identify a game. I don't think copyright would apply to these.
    Headers are like the serial number written on the back of your 3DS, I can't imagine someone being arrested for selling a serial number.
     
    MattKimura likes this.
  4. YourHero

    YourHero GBAtemp Maniac

    Member
    1,009
    223
    Apr 22, 2010
    United States
    It's not illegal. I mean you should sell the game with the header, but that's just me. You have to wonder if people selling headers are just reselling the same header feeding the problem.
     
  5. Lucifer666

    Lucifer666 all the world needs is me

    Member
    1,494
    730
    Apr 22, 2011
    The Fourth Dimension
    i don't think its illegal at all. its kinda like just reselling the game itself.

    but don't take my word for it thats just what i think
     
  6. MattKimura

    MattKimura 3DS & WiiU Enthusiast

    Member
    1,802
    938
    Jun 30, 2014
    United States
    There's no real way to play it safe. Even if the user sent the game itself, the person who ripped it would still have it on their computer, and even uploaded. As long as the original user still has that header, it's never truly safe. So going through something like this would help the buyer have a peace of mind, but they always forget that you can still have the header.bin file. I show how serious I am by actually breaking the cart and showing them. Though I don't sell headers normally since there aren't much cheap games around.
     
  7. Pedeadstrian

    Pedeadstrian GBAtemp's Official frill-necked lizard.

    Member
    3,525
    1,564
    Oct 12, 2012
    United States
    Sandy Eggo
    Like everyone else in this thread, I know little about law, but since I don't know what's actually inside a header, I can't say for sure. I assume it contains some kind of code, written by Nintendo and/or the gave developer. If that is the case, then I would imagine it is illegal. Even if you bought the game you ripped the header from, you don't actually own the game, you own a license to play the game. That negates any "I bought it so I can do whatever I want with it" arguments. If it isn't illegal, I'm sure it's against the ToS/EULA/whatever, but no one really cares about those.

    I assume, however, what you're really trying to ask is "Will I get in trouble for doing so?" Chances are slim to none.
     
  8. zoogie

    zoogie simple pimp tool

    Member
    6,353
    8,057
    Nov 30, 2014
    United States
    It's illegal to sell a number?

    lol
     
  9. Pedeadstrian

    Pedeadstrian GBAtemp's Official frill-necked lizard.

    Member
    3,525
    1,564
    Oct 12, 2012
    United States
    Sandy Eggo
    Lots of numbers would be illegal to sell. Social Security, Credit Card, copyrighted code, etc.
     
    mvmiranda, Zidapi and Tony556 like this.
  10. zoogie

    zoogie simple pimp tool

    Member
    6,353
    8,057
    Nov 30, 2014
    United States
    It's just a randomly generated cartridge ID basically. It can hardly be considered a creative work and even more difficult to prove damages.
     
  11. Tony556
    OP

    Tony556 Member

    Newcomer
    15
    0
    Jun 2, 2015
    United States
    Home
    It's not exactly copyright, but more of what it's being used for (piracy, which is illegal).
     
  12. Pedeadstrian

    Pedeadstrian GBAtemp's Official frill-necked lizard.

    Member
    3,525
    1,564
    Oct 12, 2012
    United States
    Sandy Eggo
    It'd be along the same lines as a bong, or to greater hyperbole, a pencil. You can smoke pot (which is illegal in some areas) with a bong, but it is not itself illegal. You can stab and kill a man with a pencil, but the pencil itself is not illegal.
     
  13. TecXero

    TecXero Technovert

    Member
    2,814
    908
    Apr 13, 2014
    United States
    Mainframe
    I'd assume so, as you're selling a portion of code from a licensed and copyrighted game. I have no clue if the copyrights extend to the header or if Nintendo has a blanket copyright for that, kind of like a CD key thing. Either way, I just would just sell the game. If someone really wants that header, you could offer to back it up for them as well. I wouldn't though, as something like that I can't see a use for outside of piracy.
     
  14. Tony556
    OP

    Tony556 Member

    Newcomer
    15
    0
    Jun 2, 2015
    United States
    Home
    That's the whole point of buying a header, to be honest.
     
  15. TecXero

    TecXero Technovert

    Member
    2,814
    908
    Apr 13, 2014
    United States
    Mainframe
    Well, I'm not one to help people pirate. I can't stop people from pirating but I don't see much reason to help them either. Anyway, there's plenty of crap games out there for a couple of dollars people can use for headers, I doubt it would be that profitable.
     
  16. Tony556
    OP

    Tony556 Member

    Newcomer
    15
    0
    Jun 2, 2015
    United States
    Home
    Eh, I just like helping people. I don't care much about profits.
     
  17. TecXero

    TecXero Technovert

    Member
    2,814
    908
    Apr 13, 2014
    United States
    Mainframe
    Well, then go for it. If piracy doesn't bother you and profit isn't a concern, then go for it. I doubt you'll have to deal with the law, just need to find a site that would be comfortable with you selling those to advertise them on. I'm against piracy, but I'm not some self appointed moral arbiter and there's far worse things people could do.

    If you wanted to play it safe, you could just sell the game and send them a backup of the game along with the licensed copy. As long as they have a licensed copy, they can have a backup of that exact copy as well. At least in the US. Then they could do what they want with the backup, which includes copying the header.
     
    Last edited by TecXero, Jun 9, 2015
  18. Ericzander

    Ericzander I used hax to get yellow name

    pip Reporter
    1,500
    1,448
    Feb 28, 2014
    United States
    Grand Line
    So far I've ripped headers for at least 12 different people on GBAtemp. I only ask for the cost of the game, though I do accept tips. For the most part though, I don't make a profit off of it. I just find the cheapest game at Gamestop/Amazon and buy it from there, showing them the receipt for proof. Is it legal to buy a game and then sell the game? I don't see much of a difference here.

    This is true, maybe I should start taking pictures of the broken carts too.. But really if you think about it.. What would be in my benefit to keep the header? I mean, it's only useful if it's private so why would I keep it for myself and risk getting both me and the guy I gave it to banned? That could really come back to bite you!
     
    MattKimura likes this.
  19. MattKimura

    MattKimura 3DS & WiiU Enthusiast

    Member
    1,802
    938
    Jun 30, 2014
    United States
    @Ericzander A tip for breaking the carts: Take a hammer, and a flat head screwdriver. Turn the game on it's side and hit the screwdriver against it to crack it open. Tryng to break it any other way is just impossible unless you have a lot of tools around.

    Also that's true, I dont know why people worry about someone keeping the header. You can't resell the header without the people getting banned and wanting a refund. Overall, I wouldn't really worry about buying a header. Most people can be trusted. I guess people mainly worry about the user selling the game or giving it away, and having it used for it's header by someone else.
     
    Ericzander likes this.
  20. Tony556
    OP

    Tony556 Member

    Newcomer
    15
    0
    Jun 2, 2015
    United States
    Home

    I just threw mine against the wall until the case started to loosen, then I ripped it out and cut the board up a bit.