Somehow nintendo doesn't really realize that the flashcards only play DS games not 3DS games so there is little to no point in blocking it cause honestly whats the worst that can happen hm? oh someone pirates a DS game and plays it on their 3DS ohhh..they need to be stopped at all costs.
Pretty sure they do (heck they're probably patting themselves on their backs for this achievement) For all we know they are probably doing it to reduce the number of working cards coughAcekardcough In any case, pirating is still pirating 3DS or otherwise especially since DS games are still being sold. Think of it as more of a stand. Not sure if they are going all out aggro though. I personally think they release these patches because they can. Those who don't pirate won't be affected anyway.
In regards to the analogy, I was just using the original one to demonstrate what I felt to be a flaw in logic. In in that respect, you have to remember that you just added another variable ie environmental impact. If using petroleum were to be ecofriendly and people have found ways to pirate it, would you have the said the same?