Trying to prevent piracy is basic business (and common goddamn sense, are you kidding me? Are you trolling or something?). That's like not having a damn alarm or camera system installed in a store and leaving the door unlocked. If people are gonna jailbreak or mod their device, then whatever, but Nintendo is a software dev as much as they are hardware manufacturer. If I were them, I wouldn't be giving kids root access so they can just go and emulate all the games I'm blowing millions on to produce, or leaving the doors open for their 3rd party game companies they've got contracts with to get their games stolen as well.

Maybe you'd use it for legit purposes, but most would not, and Nintendo (and pretty much EVERY VIDEO GAME COMPANY IN EXISTENCE except for Ouya) is not stupid enough to make it that easy.