Although certain people in the industry like to blame piracy as the ultimate evil, that is not exactly true. Piracy might harm game sales, though much less than publishers like to think, as most pirates wouldn't have bought most games to begin with.
On PC I almost exclusively play games I've paid for (which is something that changed in the last few years due to steam and others understanding that I want to pay, just a reasonable amount). On consoles it's a bit different because it's always been a chore to actually get a physical copy - I want to be able to look at something, say "hey I want this!", press a button and play, and actually feel that this isn't costing me more than if I dragged myself to a store or ordered a physical copy online. Overall, piracy won't cause a lot of lost sales, and in fact might reward publishers by exposing so called pirates to games they wouldn't have otherwise seen or even heard about.
As to the original topic - there's a whole lot of roms out there, waiting to be downloaded. Problem is, you can't do anything with them. Also, from what I understand the 3DS implemented their security using TrustZone and if that's true, well.. we may be pretty screwed unless they messed up pretty bad, which I think would be odd, as it would defeat using TZ to begin with.
I hope we'll see something soon - I like being able to have choice, buy I think it may be a while off, especially if they run everything from within TZ... let's hope I'm wrong, though