that's what *you* think...I don't think Big N will let this game be piratable on day one. An update from the gateway team will be required most definitely. They are definitely going to throw every form of 3DS Anti-Piracy in the book at this one (perhaps some new ones) btw I should remind you people from Nintendo DO watch this site. Even though they can't go after EACH person on here, I wouldn't proudly toot my piratey tune too much.
Considering smash was done before gateway even released the firmware with the 7.x encryption cracked, I can definitely see smash being playable from day one.
EDIT: They could release a new firmware, but they will not delay the game to write a new encryption on it.