Direct quote from a DS game manual:
Copying of any video game for any Nintendo system is illegal and is strictly prohibited by domestic and international intellectual property laws. "Back-up" or "archival" copies are not authorized and are not necessary to protect your software. Violators will be prosecuted.
Their specifically targeting back-ups in this statement would support the idea of an anti-dumping chip being implemented sooner or later, although I'm not sure if this is the case. Maybe the chip is just using a new format that's incompatible with older dumping equipment?