my understanding is that retail carts have a section that allow them to respond with data when a read is requested. flash kits simply faked the data and responded with garbage. recently nintendo released a ap pack to all developers. it was designed to allow them to add protections into their games with a minimal effort. that ap pack was the below 8000 reads, where games can now request data and if garbage data is returned the game knows its running on a flash kit. i do not think it has anything to do with latency, however, msd cards are rather slow so it could be a factor.
i can probably get an exact answer when i have time to catch up with some people tomorrow. i'll see what i can find out =).
-another world