Semms like NIntendo has more than 1 way to fight piracy on the 3DS
"I think perhaps there's been a 'heyday of piracy' and we've now seen a lot of rules come in to stop it. There's definitely a step change coming and you see it in various countries around the world. People are aware that video games, music and movies make massive contributions to the economies of countries. They need to make sure they start protecting those things." - Nintendo UK's product manager James Honeywell
"Recently there's been some quite significant cases where there were some grey areas as far as IP protection goes. Recently there have been a couple of rulings with R4s where people have been found guilty and had quite significant sentences against them. This now makes a precedent that potentially in the future it won't be a viable thing for people to do. We can't divulge any technical details on that (3DS piracy protection) but needless to say this is probably one of our best pieces of equipment in that respect. There are a lot of things we've learnt over time to try and improve the security and protection - not only of our IP but of our third-party publishers' IP as well." - UK general manager David Yarnton
http://www.mcvuk.com/news/42717/Nintendo-Piracys-heyday-has-passed
They do want to be the biggest 3rd party on the 3DS, and with the games they are releasing, they will need all the help they can get 
