"We definitely found that piracy was a significant factor in our Nintendo DS development efforts. When we approached publishers to propose potential game projects with them, most of them brought up their concerns about piracy at some point.
Many publishers even cited the issue of piracy as a specific reason why they decided to back away from our game project, especially with it being an original intellectual property concept.
The publishers' fear was that, in a climate where piracy is commonplace, original games and new mechanics are far less likely to be successful than games based on previously successful mechanics, established licenses, sequels, and sports." - DreamRift co-founder Peter Ong
There was indeed a piracy issue on DS. There very would could be one on 3DS if things continue down the path their on. The point Ong is trying to make is, publishers make the final call. If publishers think piracy is an issue, it can ruin the development of new games, even if there isn't a real piracy issue at all.