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IIRC, A Sony rep said that they would not do anything to hinder the spread and growth of technology- for that is how new technologies are developed. or something along those lines.
When Nintendo and Microsoft failed to try to put restrictions, roadblocks, and preventions on their handhelds and consoles (and failed pretty miserably) Sony had the last laugh.
If you think about it, all consoles, handheld and home, all have homebrew and piracy.
So, Nintendo istrying to just refresh things, not encouraging you to buy it in anyway.