People keep calling the Flashcards as a pirate card.
I consider it a Third-Party extra add on for the system.
A good example of the case where you Own multiple game images you extracted yourself and wanting to make them portable, or even use the Flashcard to enable me the use of the DS as a multimedia platform for Movies or Music which the normal one would not allow me otherwise.
Telling to the customer "lol mang i herd ya usd a pirate thing, i r afraid i cannot fix dis" is not a plausible argument as the log will be hidden and the customer has not way to confirm it on his side, in this case it is very one-sided as nintendo can refuse any 3DS with the pretext that it has illegal things on it.
Same thing was with my internet a while back here in Japan, They sent me a letter saying that my internet will be cut due to me doing Pirate stuff. When i asked them for details it comes that they have no real proof that it was a pirate site or that i really did pirate anything off of it, The next moment i threat them for court and the next day i get a Letter of apology.
This is a very Japanese-esque way of treating things, they think that if you tell the client that you are using illegal things and we are not supporting you, the client will feel guilty and give up (Which is true on most of the Japanese people)
Too bad the Gaijin dont agree with that.
Its just like the AR Cheat device, It is sold on a wide variety of stores and its not illegal, even though it edits memory of the game and might cause problems on the OS.
Im still curious how they will handle "pirate" sites on the 3DS browser