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Apparently illegal flash cartridges seem to be in circulation in Japan, variants within the infamous R4 cartridge to the 3dsr4. These allow pirates to download 3DS SuperCard games via their PC, use them on the flash cart then play them just like they were an average game - but no longer. 

After sporadic reports Nintendo 3DS card consoles were becoming unusable after having a flash cartridge was played to them, Japanese retailer Enterking assemble the following warning high on its website - as (roughly) translated by GoNintendo: 

'In case should you use equipment that is illegal or unapproved by Nintendo or if you customisation and that is unapproved by Nintendo, we have a possibility that Nintendo 3DS become non-bootable by system update.' 

Quite simply should you use pirated software and hardware Nintendo will disable your console with a firmware update (otherwise known as 'bricking'). 

This can without a doubt cause pirates and Nintendo to enter into a continuous game of hacks and updates but it really does seem which the 3DS will be a good deal harder to jog pirate games on compared to DS was.