And what is to stop Nintendo from actually fixing the Smash Stack method by doing what the 3DS currently does with updated 3DS games, and patch the game on-the-fly when the game binary is loaded? Even if it is a Wii game, the Wii U OS has to handle that section anyways.
3DS games "patches" are not saved to the game cards themselves but the SD card. Samurai warriors C and games like it are a slightly different case. They are ready simple having a code saved to the 3ds and auto-input for you, then erased after words. The items already in the games code. No one in their right mind would apply new data to a non-redownloadable/non-installable game directly. If something went wrong, the game card could be perma missed-up.
FYI, You can downloaded the update for mario kart 7 w/o owning the game. I don't own the game and was able to get the update still. Makes you wonder how the updates
exactly work. Do games that support DLC look for an encrypted "over ride folder" made especially that game?