It could work much like Microsoft does with Xbox Live. Nintendo keeps a log of your system and every game you play. They essentially have remote access to your 3DS any time you're near a wireless hotspot. If they see you've been playing pirated software, they shut you down. The only way to overcome that would be to tamper with the operating system and "spoof" the game logs. Problem is, if Nintendo can access your system to check out the game logs, they can surely see if their OS has been tampered with. Big N seems to be clamping down something fierce.