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Since when is the storage medium any form of limitation? They could still improve the Wii's security by adding new checks that would only be recognized by newer firmware, DVD had nothing to do with this. Nintendo screwed up the hardware security chip and the system was blown open, that was the problem.They have patched 3ds games to play online. If Nintendo did it right then they will be able to block people who didn't dump their own personal copy of the game.
What you should be wondering is if Nintendo did it right or not and if they didn't then how long it will take to figure that out. But it's not like the Wii where they are limited by limitations of dvd's, the security on new game can be improved.
Once the unique id on each cartridge is signed with a strong public key then you have zero chance of avoiding a ban.










