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Being law abiding is a keystone of life, but something this minor, isn't going to kill anyone.
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That's a weak argument. Would you mind if I stole $40 from your wallet? I think you would. This is in essence the same thing. A store loses a sale. And don't you go "I wouldn't have bought it anyway" on me, because you obviously wanted it enough to download it, and it doesn't negate the act.
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Not that you said that it wasn't illegal, but you personally quoted someone supporting the PSP when this guy said the same thing about the DS.
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I don't condone it on the DS either.
However, putting homebrew on a flash cart is in itself not illegal, and doesn't require any hacking, as far as I know.