Due to R4DS cards that make piracy of Nintendo DS software as easy as downloading roms then loading them up to the accompanying MiniSD storage devices, the Entertainment and Leisure Software Publishers Association's (ELSPA) Intellectual Property Crime Unit manager John Hillier suggested 90% of DS users in American play pirated games. According to Nintendo, however, that number is a bit too steep.

"While the R4 and other game copying devices are available and cause Nintendo concern, they have not reached the mass market as indicated," a representative from Nintendo of America told Next Gen Biz.

Nintendo, known for dropping the hammer on pirates, intends to protects its developers. "Nintendo continues to be aggressive in taking action to protect the unparalleled creativity and innovation of its world famous game developers," said the spokesperson.

Previous attempts of Nintendo to battle piracy resulted in successful Hong Kong raids and court battles against Korean perpetrators. With its strong efforts in Asia, we have to wonder if piracy in western territories will actually escalate without Ninty taking action.