How is buying a used game the buyer's fault?
How do people not understand software licensing that's been around for decades? From Nintendo: "[t]he Software is licensed, not sold, to you solely for your personal, noncommercial use on your Nintendo 3DS."
In other words, Nintendo licenses people who pay for them through official outlets. If you buy a used license, then you're essentially sharing a license that's been stripped of its warranty. This is the same idea on how private headers work. How private is it if you and everybody else before you who owned that cart also knows the header? How is it Nintendo's fault that you're too cheap to purchase your own license but instead decided to share it with somebody who might break the EULA?
So you're saying that because people can't afford 100% new cartridges, that it's bad to buy used and they deserve a ban? Harsh.
If you can't afford it, then again, that's your fault. Why do other people have to make up for your bad choices in life? If you try to maintain a lifestyle that you can't afford, then that's nobody fault but your own. If you go out and buy a Lamborghini but somehow can't afford the insurance, then it's your fault when it gets repo'ed. If you purchase a pet but can't afford to take care of it, then animal rescue services are going to come down on you if they find out.
If you're complaining about not being able to afford the
luxury of a video game in a 1st-world country, then you may need to re-prioritize your life choices.
Look at it this way: you provide a service. You license Person A to use your service. Person A shares his license with Person B, then does something stupid so that the license becomes invalidated. Why should you be responsible for people who don't go through legitimate licensing? If you sell one license, and Person A makes an even bigger profit than you by licensing it to a hundred different people and leaves you to reimburse those hundred people, then how is that fair? Why is it justifiable for Person A to not be at fault? If you want to sue Nintendo, then that is exactly like having 100 people sue you because of one person's clandestine activity.
I'm not saying that people shouldn't buy used, but it's asinine to say that people should be able to buy used and not be at fault for not doing their research. You don't buy a 20-year-old car and expect brand-new quality. You don't buy a used Game of the Year edition of a game and expect the already-claimed DLC codes to work on your account. You don't buy a banned console and expect Microsoft/Nintendo/Sony to let you use their services without paying their RSVP price. If you do, then you're a moron, and no amount of consumer protection laws can protect you.