Apparently the 3DS didn’t get much of an upgrade (downgrade?) as far as DRM is concerned because there are already examples of the 3DS running pirated games using a R4 card on youtube.

You need an R4 card (which acts as a microSD card reader), paired with a Macintosh Plus emulator and a program called Mini vMac DS. The setup isn't all that easy, but Michael MJD runs through it ...

The example given in a slide during the Tokyo eSports Festa talk was the Nintendo DS “R4” card, which allowed users of the cartridge to circumvent and run backed-up or pirated versions of ...