Not sure I agree with this. Even though R4 is probably primarily used for piracy, it's still just the tool, and a tool that can be used for perfectly legal purposes.
Though it's much tougher, it's the act of piracy that should be the focus, not the tools. They should be going after pirates individually and not being lenient. In addition to making piracy less attractive in other ways (a game doesn't have to be just the data on a disc).
A game I'm developing with some friends:
www.xnagg.com/zombieasteroids/publish.htm
It is largely a technical exercise but feedback is appreciated.