Hardware Legality on selling modified 3DSes

MirroredFlower

Member
OP
Newcomer
Joined
Dec 26, 2016
Messages
9
Trophies
0
Age
21
Location
Buford, GA
XP
86
Country
United States
I have been planning on building and selling modified o3DS systems for quite a while now. Each system will have a custom color scheme and comes with the latest version of B9H + Luma3DS.

The question of legality was brought up by one of my friends earlier today.

Would it be considered legal to sell a modified o3DS?
 

Kubas_inko

"Something funny goes here."
Member
Joined
Feb 3, 2017
Messages
6,323
Trophies
1
Age
23
Location
I gues on earth.
XP
5,140
Country
Czech Republic
It is ilegal if you think about it as business. If you mean it like buing it and then selling it on some site (like ebay or so), then it might be considered legal. (Thats only my opinion)
 

Brian117

Well-Known Member
Member
Joined
Oct 1, 2007
Messages
3,273
Trophies
1
Age
32
Location
Cleveland, OH
XP
684
Country
United States
100% illegal. Even though they're technically your consoles, modifying it in ways that achieve piracy functions, and profiting from it would have some illegality to it. Making a business out of it and profiting from it would be illegal.
 

EinEin

Active Member
Newcomer
Joined
Nov 8, 2017
Messages
44
Trophies
0
Age
32
XP
80
Country
Vietnam
I don't think there any laws preventing you from modifying your own console. The only illegal part about that is running backups etc...
So selling your modified console probably isn't illegal unless there are already some illegal games installed.
 
  • Like
Reactions: Kioku

Kubas_inko

"Something funny goes here."
Member
Joined
Feb 3, 2017
Messages
6,323
Trophies
1
Age
23
Location
I gues on earth.
XP
5,140
Country
Czech Republic
100% illegal. Even though they're technically your consoles, modifying it in ways that achieve piracy functions, and profiting from it would have some illegality to it. Making a business out of it and profiting from it would be illegal.
It is not illegal to modifie your system, but selling it as business is.
 

BvanBart

Gaming addict #2 and some
Member
Joined
Apr 16, 2007
Messages
1,315
Trophies
1
Age
36
Location
Bikini Bottom
XP
1,466
Country
Netherlands
While it is not totally legal... it is also not illegal. It is a grey area.
I have had a modshop and sold hacked Wii's, R4 cards etc. This was considered "ok". I had to take it down though when I received a letter from Nintendo.
The rules here in the Netherlands are still very vague. A lot of "hack"shops are still out there. It is the way you present yourself.
 

ThoD

GBATemp Addict (apparently), but more like "bored"
Member
Joined
Sep 8, 2017
Messages
3,631
Trophies
1
Age
27
XP
3,039
Country
Greece
It's not in a grey area or anything, it's a clear law. You are free to do whatever you want to something you buy, but if you sell it after having violated the user agreement of the item, it's 100% illegal. That means reselling is illegal if you have done anything that goes against the EULA or the other agreements of the system. Even using a flashcart without installing anything on the console and playing games on it is a violation, so basically, you are free to sell only the systems that are vanilla units and haven't been meddled with in any violating ways.
 

BvanBart

Gaming addict #2 and some
Member
Joined
Apr 16, 2007
Messages
1,315
Trophies
1
Age
36
Location
Bikini Bottom
XP
1,466
Country
Netherlands
It's not in a grey area or anything, it's a clear law. You are free to do whatever you want to something you buy, but if you sell it after having violated the user agreement of the item, it's 100% illegal. That means reselling is illegal if you have done anything that goes against the EULA or the other agreements of the system. Even using a flashcart without installing anything on the console and playing games on it is a violation, so basically, you are free to sell only the systems that are vanilla units and haven't been meddled with in any violating ways.

That would imply that body tuners for cars, or chip tuners for cars are also illegal.
 

ThoD

GBATemp Addict (apparently), but more like "bored"
Member
Joined
Sep 8, 2017
Messages
3,631
Trophies
1
Age
27
XP
3,039
Country
Greece
That would imply that body tuners for cars, or chip tuners for cars are also illegal.
No it wouldn't, there is literally no EULA for cars whatsoever:P You can do anything you want to a car as long as it doesn't violate public vehicle laws (eg: having to have specific standards, can't have too high emissions, etc.).
 

Jayro

MediCat USB Dev
Developer
Joined
Jul 23, 2012
Messages
12,746
Trophies
4
Location
WA State
Website
ko-fi.com
XP
16,474
Country
United States
I literally have a friend who wants me to mod a few 3DSes at a time, and she gives me $50 every time. We meet, go have lunch together (She buys) then after I eat, I get my laptop out and get to work. She heads back to work while I mod them, and when I'm done, she flips me $50 bucks. So for roughly a few hours of my time and a $5 day pass for transportation, I get lunch bought for me and $50 on top of it all. We do this every few months, bringing me new unhacked units to install B9S, FBI, and FreeShop on, from her family and friends alike. It's pretty sweet TBH. After the first of the year, I'm going to replace a broken circlepad for her, and convert the unit from A9LH to B9S, for $25. She loves that I do excellent work, and pays me greatly. She says the cost is well worth me knowing what I'm doing, and the convenience of being local and that I go the extra mile by explaining any and all technical aspects of the mods and appsI install.
 
  • Like
Reactions: ThoD

ThoD

GBATemp Addict (apparently), but more like "bored"
Member
Joined
Sep 8, 2017
Messages
3,631
Trophies
1
Age
27
XP
3,039
Country
Greece
I literally have a friend who wants me to mod a few 3DSes at a time, and she gives me $50 every time. We meet, go have lunch together (She buys) then after I eat, I get my laptop out and get to work. She heads back to work while I mod them, and when I'm done, she flips me $50 bucks. So for roughly a few hours of my time and a $5 day pass for transportation, I get lunch bought for me and $50 on top of it all. We do this every few months, bringing me new unhacked units to install B9S, FBI, and FreeShop on, from her family and friends alike. It's pretty sweet TBH. After the first of the year, I'm going to replace a broken circlepad for her, and convert the unit from A9LH to B9S, for $25. She loves that I do excellent work, and pays me greatly. She says the cost is well worth me knowing what I'm doing, and the convenience of being local and that I go the extra mile by explaining any and all technical aspects of the mods and appsI install.
Doing it like that IS legal for anyone wondering. Offering a modding service is 100% legal even if you violate the EULA. Selling the modded systems themselves is illegal, so as long as people bring their systems to you to mod them, it's legal to accept payment. It's the same case with how stores used to hardmod consoles for a fee a decade ago (eg: hardmod PS2) and how modded 3DS systems with capture cards are allowed to be sold (reason it costs so much to buy new system with capture card is because part of the money are forwarded to a store that sells the system so on paper you are buying the system and send it to the capture card company for modding, then it's shipped to you).
 

MirroredFlower

Member
OP
Newcomer
Joined
Dec 26, 2016
Messages
9
Trophies
0
Age
21
Location
Buford, GA
XP
86
Country
United States
EDIT: I probably should’ve mentioned that I planned on doing modding services on GBATemp and eBay, not as an actual retail product. (Though I do plan on selling them at a local retro video game store.)
 

Pleng

Custom Title
Member
Joined
Sep 14, 2011
Messages
2,439
Trophies
2
XP
2,810
Country
Thailand
EDIT: I probably should’ve mentioned that I planned on doing modding services on GBATemp and eBay, not as an actual retail product. (Though I do plan on selling them at a local retro video game store.)

It doesn't make a difference where or how you sell them. The fact that you are making a profit from it is the differentiator.
 

Brian117

Well-Known Member
Member
Joined
Oct 1, 2007
Messages
3,273
Trophies
1
Age
32
Location
Cleveland, OH
XP
684
Country
United States
It is not illegal to modifie your system, but selling it as business is.

That's what I said. It's illegal to modify them and sell them for profit. Obviously modifying them and keeping them for yourself is fine, but once you profit from selling your modified items, it's illegal.
 

ThoD

GBATemp Addict (apparently), but more like "bored"
Member
Joined
Sep 8, 2017
Messages
3,631
Trophies
1
Age
27
XP
3,039
Country
Greece
In the USA, it is only illegal if they contain pirated games (copyright infringement) .
Nope, it's illegal to sell any device that comes with a user agreement or EULA which has been violated and installing CFW or modding it voids those agreements, meaning it's illegal to sell such systems. That law exists in the US, Canada, most of Europe, Australia and Japan under the respective consumer protection categories for each one.
 

kehkou

does what Nintendon't
Member
Joined
Dec 19, 2009
Messages
798
Trophies
1
Location
The Duke City
XP
1,089
Country
United States
Nope, it's illegal to sell any device that comes with a user agreement or EULA which has been violated and installing CFW or modding it voids those agreements, meaning it's illegal to sell such systems. That law exists in the US, Canada, most of Europe, Australia and Japan under the respective consumer protection categories for each one.
That too. If it has EULA or pirated software, it is illegal in the aforementioned countries. In practice, you could probably easily sell one to a cop (I've hacked a cop's Wii for him).
 
Last edited by kehkou,
  • Like
Reactions: ThoD

dimmidice

Well-Known Member
Member
Joined
Sep 12, 2009
Messages
2,359
Trophies
2
XP
3,004
Country
Belgium
It's not in a grey area or anything, it's a clear law. You are free to do whatever you want to something you buy, but if you sell it after having violated the user agreement of the item, it's 100% illegal.
That's completely bullshit in my opinion. What would a user agreement have to do with reselling it? It's completely irrelevant. Selling a jailbroken phone isn't illegal either.
 

kehkou

does what Nintendon't
Member
Joined
Dec 19, 2009
Messages
798
Trophies
1
Location
The Duke City
XP
1,089
Country
United States
That's completely bullshit in my opinion. What would a user agreement have to do with reselling it? It's completely irrelevant. Selling a jailbroken phone isn't illegal either.
It has to do with contract law. If a EULA says "do not hack and sell this", and you agree to it, then do exactly that, it is technically illegal, but nearly impossible to enforce.
 
  • Like
Reactions: ThoD

dimmidice

Well-Known Member
Member
Joined
Sep 12, 2009
Messages
2,359
Trophies
2
XP
3,004
Country
Belgium
It has to do with contract law. If a EULA says "do not hack and sell this", and you agree to it, then do exactly that, it is technically illegal, but nearly impossible to enforce.
EULAs aren't laws. Actual laws trump EULAs every time. If a eula says "you can't do this" but then there's a law saying you can do that then the EULA is invalid.
 

Site & Scene News

Popular threads in this forum

General chit-chat
Help Users
  • No one is chatting at the moment.
  • BigOnYa @ BigOnYa:
    You mean to search for keywords like Banana, feet, or Hiradegirl?
  • ZeroT21 @ ZeroT21:
    cod? who cares bout a battalion of 12 yr olds
    +1
  • JuanMena @ JuanMena:
    I'm actually looking for a Way Back Machine url I posted, and just now found it indeed has a search function but brings no results. But yes, wish Hiradegirl could send me those pics I asked her.
    +1
  • BigOnYa @ BigOnYa:
    I like Cod sandwiches, with cheese, and a little tarter sauce.
  • K3Nv2 @ K3Nv2:
    Cod is the new madden
  • JuanMena @ JuanMena:
    COD was the new Medal of Honor.
  • Xdqwerty @ Xdqwerty:
    medal of honor was the new doom
  • BigOnYa @ BigOnYa:
    doom was the new quake
  • ZeroT21 @ ZeroT21:
    sounds like every 12 yr old' wet dream
  • JuanMena @ JuanMena:
    Quake was the new Commander Keen.
    +2
  • ZeroT21 @ ZeroT21:
    time to play more tekken
  • Psionic Roshambo @ Psionic Roshambo:
    Duke Nukem is Master Chief
  • JuanMena @ JuanMena:
    Tekken is the new Dead or Alive.
    +1
  • K3Nv2 @ K3Nv2:
    Microsoft stealing ideas? They wouldn't
  • ZeroT21 @ ZeroT21:
    big corp could never be this petty
    +1
  • BakerMan @ BakerMan:
    speaking of master chief, did you hear what happened to him?
  • K3Nv2 @ K3Nv2:
    Did you try to be his master again
  • Xdqwerty @ Xdqwerty:
    whats goin on
  • Jayro @ Jayro:
    We're being spammed. Admins, please do something.
  • HiradeGirl @ HiradeGirl:
    Please
  • BakerMan @ BakerMan:
    i'm not spamming
    +1
  • Xdqwerty @ Xdqwerty:
    im talking about the chat
    Xdqwerty @ Xdqwerty: im talking about the chat