From what I can tell, no matter how large the piracy community is, it's still a rather small subculture in the gaming industry. There's still more people buying their games than pirating. And really, no matter how easy hacking the 3DS is, it's still a hassle for most people.As long as Nintendo's still releasing Pokemon games for the 3ds (they are o/c), they will still care at least a little bit about piracy's affect on sales.
The real question is: how much does Nintendo lose in extra engineering costs vs. how much they lose in lost game sales and dev confidence in a secure platform (this is important for future platforms). I would suspect having a few decent sec engineers working on the issue a couple months is cheaper than losing any significant amount of sales.
There is also the issue of online cheating, although I'm not sure if it really affects Nintendo's bottom line that much.
It seems like every time there's flashcarts, mod chips, ect. Everyone is afraid that this will spell the doom for Nintendo, yet Nintendo still makes massive bank on their products.
