According to Nintendo's own release list they wont make the launch.
Nintendogs + Cats (Nintendo)
Pilotwings Resort (Nintendo)
Steel Diver (Nintendo)
Zelda Ocarina of Time (Nintendo)
Super Street Fighter IV 3D Edition (Capcom)
Pro Baseball Spirits (Konami)
Ridge Racer 3D (Namco Bandai)
Samurai Warriors Chronicle (Tecmo Koei)
Professor Layton and the Miracle Mask (Level-5)
Shanghai 3D Cube (Sunsoft)
Runabout for Nintendo 3DS (Rocket Company)
Cubic Ninja (AQ Interactive)
Fish On (ASCII Media Works)
Kid Icarus (Nintendo)
Medalot for Nintendo 3DS (Rocket Company)
Star Fox 64 3D (Nintendo)
Animal Crossing (Nintendo)
Paper Mario (Nintendo)
Mario Kart (Nintendo)
Chocobo Racing 3D (Square Enix)
Resident Evil Revelations (Capcom)
Resident Evil The Mercenaries 3D (Capcom)
Dead or Alive Dimensions (Tecmo Koei)
3D Beauty Clock (Beauty Clock -- not officially announced)
I would still buy it! because it's the coolest handheld on Earth!! xDD but let's get to the fact that everything can be hack especially on the ones that got the eyes of the people/hackers! In just a matter of weeks/months there might be an R3DS LOL? Backward number upgrade?? xDD
if the games require the update to play, he'll have to do it one way or another right? A new mario coming out and play with taking photos by exmple will require updating. I think 3ds goes fucking pirates!
and I think Nintendo wouldn't easily wanted to lost their Heavenly Handheld with the pirates! If there's the enhanced wi-fi connectivity, there might be an automatic sleep mode firmware-update that disables any form of piracy from time to time... and damn that would hurt us until it gets really irritating!!
Anyone who really wants a 3DS, but answers no because they must pirate, should probably get a job or something. It's just sad that people would use such an excuse to determine if a product is of any worth, when they shouldn't even have that option in the first place. When you pass by something you want, do you really think to yourself, "if I can't steal it, then I should keep walking"?
The excuse that a single person pirating something isn't gonna change anything is not valid, because it isn't just one person. It's literally hundreds of thousands and more. Some companies make crap games, no argument there, but why would you pirate a crap game? It's companies that spend millions of dollars and countless hours in development to bring about amazing games that are getting hit the hardest, and they can't continue spending the millions of dollars and countless hours to continue making stuff that results in low returns. That is why I think games today just don't have the high standards as they used to, even with the technology we have today.
You bring up something I want to comment on. Some people pirate so they can "test" a game out, but what usually happens in the end is if the game is good, they won't go buy the game since they have it already. Should Nintendo have a really good method for anti-piracy, they should at least make a push for getting demos and trials of games released by all 3DS developers, whether by downloading through the store, or having them packed into existing games games made by the same company, like a preview.