If anything they're more legal (as DSi flashcards have questionably illegal copies of copyrighted games in their firmware to be used as headers, while homebrew .firms are authorized for distribution...)
(those roms are still in the card, but become invisible to the final user, and the CPS don't need the technical details )
i told them my badges disappeared after i opened the badge arcade after the shutdown, but actually they disappeared because i opened the badge arcade w/ pretendo