You're aware that you don't own the game, right? You own a license to play that game on that hardware (bonus if Nintendo includes backwards compatibility, you get to run that software on an additional line of hardware). It even states this in every manual that comes with the game.
Lots of confusion over ownership.
If I saw Star Wars episode 4 in it's opening week at the cinema, does that grant me a license to download a 1080p bluray rip from a torrent site?
Gee, I wonder why?
Going by whatever whacked laws and rules and regulations you think you need to adhere to, you're basically buying nothing but a useless collection of plastic and silicon when you buy a 3DS. The only rights you have to that device are:
1) The right to destroy it however you see fit
2) The right to use that device within whatever narrow confines the EULA presents
You can't modify the hardware, because everything is encrypted and protected. You can't modify the software for the same reason, since reverse engineering things is also illegal. You can use the device "as intended" (read: only for long enough until it becomes unprofitable for you to continue using that particular generation of device), or basically throw it out the window or drive over it with a car.
Fortunately, I live somewhere where EULAs are unenforceable in court, and the government tries their best to not perpetually **** all over their citizens rights. Maybe you live somewhere where the concept of "ownership" no longer exists (except for the government owning you, perhaps)- but I don't.
So once again, I really don't care. Neither do the emulator writers, a large majority of whom do not live in the USA. You can re-iterate how crazy your laws are within your own country to me as many times as you want. It doesn't apply to me and I don't care, and quite frankly I'm glad a lot of other people don't.
I'm not saying piracy is good, you should buy things you enjoy (because that means you'll get more things to enjoy in the future from the same folks). I'm saying that bat-**** crazy stuff like EULAs and TOS's are, well, bat-**** crazy.
-SC