Step 2Readme: FAQ
"
Hello there, I just read your instructable on "How to run Homebrew on your Nintendo DS!" and had a question about the actual R4 device itself. I have looked everywhere regarding it's legal status and still have yet to find a reliable answer. So please forgive me for asking, but is the R4 cartridge legal to buy and own in the U.S? Thank you if you read this.
"
Answer:
" Yes, I'm always happy to answer a question! The R4, like many things in life can do two things, legal things or illegal things. It can play homebrew (free and legal!) or commercial games they are still free on the internet, but they are the ones you buy in the stores. They are illegal to download them and put them on your R4 or play them in any way, regardless of whether you own the game or not.
In the US, you'd be lucky if you found them in any stores, companies like Gamestop and others wouldn't want to be seen selling objects that can do something illegal, it could get them into strife. Go to a store and ask for them and they'll tell you they're illegal. They are not! They are completely 100% legal but you can usually only get them off the internet. I have bought four products on two different occasions from http://www.bamboogaming.cn and they are very very reliable.
So a summary:
Legal to buy in U.S.: You won't find them.
Legal to own in U.S.: Yes, as long as you are using them for homebrew only, they are legal. "
Q. Can I run commerical roms, such as ones you buy in the store?
A: Yes you can. But I, in no way endorse that act and cannot be held responsible for any wrong doings your par-take in. I will not respond to any messages or comments regarding commercial roms, or where to download roms. If you repeatedly do this, I will email the Instructables Staff. It is illegal and we do not need to discuss it. Period.
Q. Is it safe to purchase these online?
A: I have purchased 4 products on two seperate occasions from BambooGaming.cn, and they have been fast, effective and have a great customer support centre. They also have a forum if you would like to ask more questions.
Q. Can I PM you?
A: Yes only if you've read every section of the FAQ.
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Can I Download a Nintendo ROM from the Internet if I Already Own the Authentic Game?
There is a good deal of misinformation on the Internet regarding the backup/archival copy exception. It is not a "second copy" rule and is often mistakenly cited for the proposition that if you have one lawful copy of a copyrighted work, you are entitled to have a second copy of the copyrighted work even if that second copy is an infringing copy. The backup/archival copy exception is a very narrow limitation relating to a copy being made by the rightful owner of an authentic game to ensure he or she has one in the event of damage or destruction of the authentic. Therefore, whether you have an authentic game or not, or whether you have possession of a Nintendo ROM for a limited amount of time, i.e. 24 hours, it is illegal to download and play a Nintendo ROM from the Internet.
From Nintendo.com