What is the legal status of Flashcarts in the USA?

Discussion in 'NDS - Flashcarts and Accessories' started by elmoreas, Mar 9, 2010.

  1. elmoreas
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    elmoreas GBAtemp Regular

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    I was wondering about the legal buy/sale status (non-commercial sales of course) of flashcarts in the USA, and also their general/possession legal status in the USA? For each issue; sales and possession, are they Illegal, Banned, Legal, Not Regulated, Etc..? Also if it helps I am particularly interested in the Acekard 2i, M3I Zero, IPlayer, and Supercard DSONEi.

    On a side note does anyone know the answer to the exact same question but for Wii modchips, in particular the Wasabi DX, DriveKey, and WiiKey Fusion?

    Thanks in advance to those that answer, I appreciate the info. Talk to you all later.

    Sincerely,
    Elmoreas
     
  2. r3dfaction

    r3dfaction GBAtemp Regular

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    There are no US Stores (online or Store), therefore illegal. I just received word from modchip-wizard.com that they are not allowed to ship modchips to the US.

    ESA is being a real pain in the ass.
     
  3. elmoreas
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    elmoreas GBAtemp Regular

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    So just having one is illegal?
     
  4. iFish

    iFish Slower than a 90s modem

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    no... owning a flash card it's self if legal... but pirating roms (which is most likly why you want one) is illegal.
     
  5. DarkWay

    DarkWay tsubasa hiroge

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    I believe flashcarts are legal in both the U.k and America (and probably other countries) aslong as they are sold completely blank (nothing on them) they are also legal to play homebrew applications and the such, the only illegal part about flashcarts is playing roms on them even then you CAN (I think) negate the illegallity of it if you only run roms that you own the actually NDS cartridge for:- i.e you've gone to a store and bought pokemon platinum and then later on you put it on your flashcart. This would only work however if you can prove (no matter where you are) that you do indeed own said game.

    but I could be completely wrong on that last part.

    and as for the wii modchips well...I think the same thing applies doesn't it? someone with solid facts will probably come and answer this much better than I have though

    EDIT:-
    ifish said basically what I was trying to say but in a much simpler form [​IMG]
     
  6. Nimbus

    Nimbus sudo /usr/bin make-me-a-coffee --nosugar --cream=1

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    Probably being lazy.
    Edit: Just looked at your history here OP, you're clear!
     
  7. r3dfaction

    r3dfaction GBAtemp Regular

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    Not sure about bout modchips but read this its a bit old but it might answer ur question:
    Source: Kotaku


    EDIT 1: I think what is illegal is to sell and distribute Modchips but having one for backup purposes is legal, but don't quote me on that...
     
  8. elmoreas
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    elmoreas GBAtemp Regular

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    Actually I want to get rid of mine out of fear of owning one and want to know if it is ok to sell it or not, I am having a yard sale this weekend and want to put it in it, but we have cops who live in the neighborhood and I am worried that one might walk in and see it on the table.
     
  9. Nimbus

    Nimbus sudo /usr/bin make-me-a-coffee --nosugar --cream=1

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    Probably being lazy.
    I wouldn't risk it if I were you, even ripping the label off of the front probably won't make much difference.
     
  10. Okami Wolfen

    Okami Wolfen GBAtemp Regular

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    I actually wanna see how GameStop would react if I tried to sell my Acekard there.
     
  11. Rydian

    Rydian Resident Furvertâ„¢

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    My Acekard came from Canada.

    Right, completely wrong, that's a myth spread by ROM sites in an attempt to dodge blame. Under US law you can MAKE a backup copy (so no downloading, period, because that's not making it) if the IP holder doesn't say you can't.

    And nintendo of course says No, so the roms are illegal, period.
     
  12. iFish

    iFish Slower than a 90s modem

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    my local EB games knows i have a bunch of flash cards... they really dont care. they just wont accept it as a trade
     
  13. Nimbus

    Nimbus sudo /usr/bin make-me-a-coffee --nosugar --cream=1

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    Probably being lazy.

    Edit: Sorry, misread the post.
     
  14. r3dfaction

    r3dfaction GBAtemp Regular

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    That store will eventually be shut down the ESA is busting "chops" [​IMG]

    Btw Canada stores are starting to prohibit Modchip sales as well (look at ConsoleSource)...
     
  15. elmoreas
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    elmoreas GBAtemp Regular

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    What do you mean look at my history OP, your clear? What does that mean?
     
  16. Bently

    Bently GBAtemp Fan

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    Read the statement again xD.
     
  17. Nimbus

    Nimbus sudo /usr/bin make-me-a-coffee --nosugar --cream=1

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    Probably being lazy.
    Nevermind what I said, I thought at first this was a trick thread, since I have a natural instinct to initially question anything.

    Sorry if I doubted you.
     
  18. r3dfaction

    r3dfaction GBAtemp Regular

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    Lol [​IMG] I should try that
     
  19. elmoreas
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    elmoreas GBAtemp Regular

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    Ok question is answered, you all can keep talking on this one if you want but I got the info I needed. Thanks all. Talk to you later.

    Elmoreas
     
  20. Pliskron

    Pliskron Banned

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    Jesus, just sell the thing no one is going to bust your chops over one flash card.