Read my updated post. NDS hackers can’t even make proper DSi ROMs yet, I don’t think Nintendo is overly worried about pirating at this point. They won the last round and will likely win the 3DS round too. Yeah they’ll eventually lose, everyone who uses proprietary encryption does, but it’ll take most of the current generation for developers to make a proper dumper for it so they’re not really concerned.
It’s like playing pirated PS1 games on a PS3. Yeah you can, but why would Sony care? You didn’t buy the PS3 to play PS1 games.