nope. they simply know that piracy sells consoles. lol
If you think nintendo doesn't want piracy at all you are mistaken... Do you know how many consoles has nintendo sold just because 3ds can be hacked? I wouldn't even be amazed if I found out that flashcard teams are run under nintendo...
Nope. I got my certification as a game developer and saw firsthand that piracy destroys companies. Most consoles are sold at a loss, Nintendo tipped this and is selling 3DS at a slight profit, but with bundles and the like, and paying to advertise and sell their 3DS', even then, it comes out to a net loss selling the units. Piracy is bad for them, they rely on you, the consumer, buying the games to stay afloat, and with Nintendo in the position they are in (especially with the Wii U being a huge flop), they don't want the Gateway to exist. As KnightOnline said, it's simply a packaging situation. They package units months in advance in preparation for shipping them out to stores, and they will come with 9.3+ as soon as Nintendo can get that situated, but it will NOT be in the first wave in any country.
Also, hello folks! I've been lurking since less than page 100, and none of you had given me a reason to become a member and join the conversation until I saw this flagrant misunderstanding of how the game industry works, but it's given me an excuse to join the hype train.
Hope to be playing on my Gateway as much as you guys, and don't mean to start any fights, just want to keep you guys updated with the correct information!