We've all seen that such antipiracy attempts are fruitless. Sony's attempt to deal with "EVIL HAXORS" get them more fucked than they ever thought possible..by guys NOT using standard custom firmware (ie. If they let the modded PS3s go online provided they were not actually cheating, they never would have forced people to go into the developer-only PSN variant which was inscrutably non-segregated from payment data, for some reason). Nintendo should bloody well know this - they have THE most popular and successful console this generation, and its currently the only one you can mod entirely in software and play online without a ban. This is one reason I purchased the damn thing.
Likewise, I'm also a DSLite owner, equipped with an AceKard2i/SupercardDSTwo. I like being able to have a ton of games on a single 4gb microSD, instead of swapping every bloody time. I like having access to "Undub" versions where a romhack has been used in order to put Japanese audio into an English subtitled game like Final Fantasy IV DS or Its a Wonderful World (The World is Not Enough in some markets). The devs don't give me an official way to select Japanese vocals, so I'm forced to listen to awkward English VOs unless I use an "evil pirate" device. My flashcarts also allow me to expand the media playing ability of my DSLite and run all sorts of other neat programs, including even word processing and WiFi sniffing programs. Hell, you can even run a complete Linux install on DSLite/DSi.
I was going to buy a 3DS, but I'm not going to give permission for Nintendo to constantly spy on me and brick the device if they see me do something they don't like. They may have been so worried about potential risk of piracy, that they lost an actual $250 I was willing to spend on the platform itself. Now, I'll wait to watch the hacking community do its thing, do what I can to help, and buy a secondhand 3DS when I'm sure my current or a new version of flashcarts are safe to use with the full featureset of the device.
The FSF may have a lot of rhetoric that seems surprising, but these are the guys standing up against corporation's belief that if they produce a product, they can dictate what you do with it after you purchase. Give them you support as even if you don't believe in the idea that all software should be "Free as in Speech", its still a good decision for your consumer rights.
Nintendo, MS, Sony and everyone else - Stop with draconian DRM/AntiPiracy measures. They don't work and cost you money in the long run. They stop people from wanting to be involved or buy anything on your systems at all. When someone can be banned simply for going on XboxLIVE with a modded system, why bother keeping an XLive subscription at all or playing online with legit discs? Hell, to look at it pragmatically, even if you assume a pirate pays Zero real dollars towards games (Completely untrue, studies show), they're paying a Non-Zero amount to play on XBoxLIVE Gold, PSN Plus, and anything purchased in the store. Why shut down your only revenue stream? Silly.
Nintendo should really know better and consumers worldwide need to stop this foolishness of letting corporations dictate and control how they use their devices. Its YOUR device, you paid for it, and you shouldn't have to give the developers a kidney just to play online, when you are FORCED to use their network. Microsoft didn't release the source code for XLive and license it to others so you could play on a Live of your own, did they? You can't just say "Well MS, I don't like your rules, so I'm going to point my Xbox360 at Jim's XLive Server instead." No, they are holding your games HOSTAGE - "If you ever want to play Zelda again, you'll do exactly as I say...".