Because supposidly the Games N' Music card used code from nintendo without autherization, apperently to boot the card. It was direct software piracy in a "commercial" hardware product. They deserved that one for being so stupid about it.
This is closer to the truth, however not quite. As technically, it's still piracy. The Nintendo DS was designed to run software developed with Nintendo's Dev. tools, on Nintendo approved dev hardware, nothing else. Now, nintendo probrably dosen't care about homebrew, and with software sales as ungodly high as they are, the piracy threat probrably isn't scaring them as much as the mass media want you to think. However.
And this is where it gets tricky,
Big name devers, say for example, Activision, or Sega, or any big names that program for the DS, have official dev kits from nintendo, they have to in order to get that wonderful seal of approval (there are apperently flags in the code for this). Well, what about smaller game companies that might now have the expendeture for a Nintendo official kit? Well, typically, they can borrow one, for lack of better terms, from whomever does their publishing. This is of course assumeing whomever does their publishing has them. This is stuff designed with licenses to make money in mind, so of course it's going to be expensive beyond typical consumer costs. Hundereds to even Thousands of dollers depending on what your deving for. (anyone have a price point on DS dev kits? Just curious).
Now, however, we have these $40 flash carts. Nintendo's primary fear is that software companies, actuall companies, will put more money into these carts than the official dev kits. Thus, cutting into sales of the official dev software/hardware.
Why the R4DS is being singled out above newer/better cards is beyond me, however to say that piracy plays no part in this whould be incorrect, as technically, coding homebrew games is piracy in its own right. Of course since it's strictly non-profit non-commercial (almost always free), it dosen't cut into any of Nintendo's (or any other company's) profits, and thus, slips under the radar.
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