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Well, to do it, you need custom firmware, so I mean...sort of. You also need an ISO of BBS FM, so for it to be legal, you would have to own a physical copy of BBS FM. As for the CFW, there's no way to make that legal.
CFW is not really illegal, as far as I know. It's extremely frowned upon but there are sites that host CFW that pride themselves on not offering ISOs or BIOS files, so why would they care if the CFW was illegal, too? English patches alone are not illegal, as well. Technically, the only illegal thing would be to download an iso without actually buying the game. Like, I make ISOs of my games, but that's just so when I destroy the UMD to the point where it won't play (which always happens) I have a backup copy and I don't have to re-buy the game. That's not illegal. Sharing my ISOs would be, though. Or downloading an ISO from the internet that I don't have a legitimate copy of.
As Lifes.Lover stated, the patches are not inherently illegal. The ISOs themselves are. You have not perpertrated a single infraction...so long as you physically own/possess an original Japanese copy of Birth By Sleep: Final Mix.
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