I'm not condoning piracy, but I'm pretty sure a DS flashcart will still work. The rumor about Nintendo remotely bricking 3DSes with flashcarts is just that -- a rumor. No idea if there's truth to that yet.
On a semi-related note, I preordered the 3DS and can't fucking wait.
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On a semi-related note, I preordered the 3DS and can't fucking wait.