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I think the 3DS has a built-in brain scanner. If it detects that you have pirated 3DS games it will suck your brain out and turn you into one of Nintendo's minions.

 

The vitality sensor will probably be used in a similar way for the Wii. To turn on the Wii you have to use the sensor and the first message to pop up is "Have you pirated today Mr. * ?" If you are find guilty it will use that magical blue light to turn you into a vegetable.