MCV recently revealed that the Entertainment and Leisure Software Publishers Association, or ELSPA, is considering taking actions to stop the proliferation of flashcarts such as the R4 and M3 in the UK.

ELSPA's IP Crime Unit manager, John Hillier, explained that the cards "illegally circumvent the copyright protection in place and allows copied games to be played." He adds,

The supply of these items is an infringement and an offence under the Copyright, Designs and Patents Act 1988 and the Trade Marks Act 1994. ELSPA’s IP Crime Unit works closely with the enforcement agencies to stop this supply and prevent instances of intellectual property theft.

A Nintendo spokesperson added,

We are monitoring the situation with R4 cards and working closely with our legal teams to identify any infringements on our IP and will take action where and when appropriate.

For those who haven't heard of them flashcarts are SD cards that allow for homebrew (or unlicensed programs) to run on the DS. The main problem with the use of these flashcarts is that they can also be used to run pirated versions of games.