I think a lot of you are overestimating the abilities of pirates, and don’t seem to understand what Nintendo (or any hardware manufacturer) desires to accomplish from piracy protection.
Within 6 months of a system being released and being popular enough pirates will probably have figured out a way to get backed-up games to play on a system. Typically, this involves significant hardware modification where there is significant risk of damaging your system. Generally speaking, console manufacturers don’t mind this because the number of people who’re willing to modify their system is small, and the number of people who are willing to pay a $150 premium to buy a system from a shady Chinese dealer to have it modified is even smaller.
The thing that console manufacturers worry about is the soft-mod, which has been surprisingly widespread this generation; with the Wii, XBox 360, PSP and Nintendo DS all being able to play back-ups with little/no significant hardware modifications. It is entirely possible to prevent these software mods through a greater focus on securing your operating system and paying attention to the obvious exploits.
