Heise-Germany were posting an article named “Nintendo geht gegen unautorisierte Spiele für mobile Konsole DS vor”.

The article basically describes that Nintendo and a bunch of Videogame Publishers teamed up to go after people who sell R4 cards. There is also a mention that Nintendo does not like “unlicensed games”, but there is no real mention about homebrews, pretty much it will count as “unlicensed” as well anyway.

While we agree going after such cards for pirate purpose, there should be still an open door for homebrews. If you bought a console, there should be the right to do with it, whatever you want.