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Viper1 said:
But 90%? Think about that for a minute.

Try this. How many people do you know own a DS? Now are 90% of those people pirating games for it? I highly doubt it.

Exclusively?  No.

Have they ever downloaded a DS ROM, for any level of use?  Sure, I'd say the majority have.  I know gamers who "try before buy" all the time, and a lot who end up just skipping the "buy" portion.  I know people who somehow play DS games and don't even own a DS.  I see 8 year olds on the subway with flashcarts.  DS piracy is not uncommon, and anecdotally I haven't seen piracy this widespread since the original PlayStation.

Now, I'd agree that the ELSPA report is likely exaggerated, it's pretty easy to see where their interests lie and how scare tactics would help further them.  But it was just one quick source, from a well established industry group, which was asked for.  DS piracy is practically ubiquitous, and really, the 90% "having ever pirated" figure I don't find that insanely unbelievable with the relative ease of it on DS.