Not sure about the details of this case -- if the alleged pirate was charging money for the DS titles, that would be theft. But downloading things for free is simply sharing, which shouldn't be illegal. My guess is that the Japanese copyright laws are as broken as the US laws, which makes sense -- they're written mostly by giant corporate monopolies, who have the lawyers and lobbyists to get their legislation.
We really need to start thinking of a future world where information gets shared freely, with minimal barriers. This idea of locking down code and criminalizing file-sharing does more harm than good over the long term. Companies and artists should make money in other ways: digital downloads, special value-added offers, live events, bonus packs and tie-ins, microtransactions, etc. If this hits the business model of corporate pigopolists, too bad -- then their business Empires are as unproductive and doomed as the Soviet Union.









