According to THQ's VP Ian Curran in a recent interview with CVG (linked above) new anti-piracy technology utilized in the 3DS will be foolproof to cracks from illegal downloaders alongside digital distribution.
He stated that the "problem with the DS market in the last few years, particulary with the DS Lite, is that it's just been attacked by piracy."
Plans also include using the 3DS to move Nintendo's digital distribution forward according to Nintendo president Satoru Iwata via http://www.siliconera.com/2010/07/11/3ds-is-the-next-step-to-better-digital-distribution-for-nintendo/, to quote:
"We are thinking the release of new hardware should be good timing for a dramatic improvement of this situation. In addition to the function of '3D graphics without 3D glasses,' Nintendo 3DS will have enhanced wireless communication function.
Nintendo 3DS will receive various pieces of information automatically if there is a chance of communication while a user carries it even when he or she does not try to start communication pro-actively by unfolding Nintendo 3DS. By combining Nintendo 3DS with such function, we are now planning to expand our digital-distribution type of business."
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