Theory: Pokemon lovers who own a DS that know they are going to get a 3DS are getting the 3DS right now to trade their old pokemon.

Fact: More 3DS hardware is being sold that games in Europe. Therefor you know people are either pirating games because they are too cheap or they are playing pokemon!

most easily priated console so far.

unlike PSP, it doesn't even have to hack the software.

why are people so shocked when others are not paying for their games? it's like a taboo. just check the torrent sited for the DS games. there are hundreds.

But piracy killed the PSP?

I know the DS was and is, but I haven't heard of 3DS games being hacked and availible for download yet? Also as Galaki said many tribute piracy to the death of the PSP, software just didn't sell. I think once games do get hacked and the system becomes piratable. Nintendo will release a series of updates to brick those units. These updates will probably be included in future software, updated via wifi and they could even use StreetPass to update consoles that come near other consoles.

Nintendo can use spotpass, streetpass, wifi and even games to keep the 3DS updated and fight piracy. I think 3DS will end up being a very hard unit to pirate on.

Also Nintendo announced that the 3DS keeps a record of what's being played. it can tell if an illegal R4 chip was used and apparently EBGames can tell if they look at your system, thus not letting you trade it in, at least thats what was reported. If Nintendo has the ability to see what your playing and how your playing it then they definatly have the ability to brick those systems.

The only viable option for a pirate would be buying a current 3DS turning off the Wifi. Never taking it out onto the streets where it could run into another console. Never buying new software for it because that software could contain an update. Only download pirated games and transfer them onto the 3DS. Then again who knows what security is built into the thing, if I were Nintendo I would have included an automatic briking function in the console so as soon as a rom is played illegally bamb their goes the system!

this teory could be right. when i was a kid i bought a launch GBA without games only to trade my pokémon between blue, red and gold without using a friend's gbc.

Do you actually believe they would do that?? Never ever never. In some countries it's even illigal. Let's just hope 3DS mode wont be easily hacked. If Nintendo learned something, R4 cards or the like should never work on it (in 3DS mode). It will still probably be hacked, but it should be way harder so not every parent can buy his child just an R4 and be done with it.

R4 cards is the biggest case of priacy ever. those card could hold so many games and they were so easy to get. my cousin who no little on technology, got her daughters R4 cards for there DS. Rarely bought an game after that. 

There is know surprise in this at all and the choice to cover up Pokemon Grey so that Black/White would gain overwhelming sales.