Hmmm... What if it were somehow possible to put a small amount of information onto the gamecard from the 3DS itself, like... save data? :confused; Instead of writing your name, and game location all the 3DS would have to do is write: Game dumped do not run.
And the last time I checked stores checked games before they buy them from you, so no one is going to be buying a dumped/unplayable game.
Also, the prototype 3DS was fairly thick, I'm guessing that it will be slimmed down, but still have enough room to hold more than 8GB installed memory, which seems a little weak, if Nintendo is truly taking the 'iPhone threat' seriously like they said they were. I'm hoping the 3DS has at least 16GB with 32GB on the 3DSi. Nintendo has yet to offer a Wii with more storage, but they could potentially offer different size 3DS's at launch, as 'casual' gamers don't really need the extra memory, and would be encouraged to buy from the system because of its lower price. The 'hardcore' gamers would pay a small premium for the extra memory and maybe a free app installed but still not more than $200. Although personally I would pay $250, I mean it's glasses free 3D!