Hmmmm, if Nintendo buy flashcarts to enable them to block them, they would be breaking the law they helped create.
I can see the courtroom now......... (wibbly wobbly camera effect)
Prosecutor. "So, Mr Hacker, did you purchase one of the illegal flashcarts and put copies of roms onto them ? Were you aware it was illegal to own these carts and copies of the ROM binaries, even if you owned the original game."
Mr Hacker “Yes I did, I am so sorry”
Smiles and nods from the Nintendo prosecutors table.
Nintendo Rep takes the stand.
Mr Hackers Defence “So Mr Nintendo representative. Does Nintendo own one of these illegal flashcarts ?”
Nintendo Rep “Erm yes we do”
Mr Hackers Defence “How many do you own ?”
Nintendo Rep “Erm, we own a number of them”
Mr Hackers Defence “All of the makes and models of flash carts”
Nintendo Rep “Oh, Erm yes”
Mr Hackers Defence “How many of each”
Nintendo Rep “Quite a few we need them for, erm, testing,”
Mr Hackers Defence “Do you copy game roms on them to test ?”
Nintendo Rep “Yes we have to”
Mr Hackers Defence “Even though its illegal to have copies of games on flashcarts, even if you own the game”
Nintendo Rep “Erm, Ah, erm…. Oh Shit”
(Dont bother picking holes in it, just said it for a laugh
)
EDIT - Flashcarts are illegal in the UK and have been for some time :_
http://www.joystiq.com/2010/07/28/r4-and-other-nintendo-ds-flashcarts-outlawed-in-uk/