A nuanced argument exists for the "fair use" of such tools:
The package usually came with sample executables: A nuanced argument exists for the "fair use"
3DSWare is the umbrella term for all digital content distributed via Nintendo's eShop for the Nintendo 3DS family. This includes full retail titles (digital downloads), Virtual Console titles, DLC, and the smaller "3DSWare" exclusive games (e.g., Pushmo , Dillon's Rolling Western ). In a development context, 3DSWare refers to the compiled output (CIA or CCI file formats) that runs on target hardware. Virtual Console titles
In approximately 2018-2019, a torrent pack labeled as "[BigBlueBox] 3DS Internal SDK & DevKit Tools" appeared on several private trackers. The contents were staggering in scope: A nuanced argument exists for the "fair use"