Is there an issue with 3DS data and pirating games?

I had just run out of space on my 3DS(original green/aqua with 2gb card) so I decided to upgrade the card to a 32gig (now I can download as many classics as I can afford!).

It was then I started thinking about the files I had lifted from the first card and put on my desktop for transfer to the new card.

My question is- What is stopping people making cards and selling them full of games from the E-shop? maybe I am missing something but it seems like you could do that if you wanted.

*I would not do it for two reasons.

1) I like supporting the company and buying all my games and downloads is something I have always and will always do.

2) I don't know anyone with a 3DS who would want a bunch of games on a memory card.

P.S I just received my copy of Mario & Luigi Dream Team Bros -

What the fudge is up with that Hitler/Spoungebob guy who seems to be the leader of the people (a new race that I haven't seen before in a Mario game) in that island you visit. He keeps pronouncing every start to a sentence with the letter 'Z' as in 'ZEEEEEE'- and might I add, the leader (the one with the mustache) was doing a fair amount of raising his arm in the air while talking.

*He's the guy standing just next to Mario. Spoungebob Adolf Hitler.

The games only work on your 3DS. They're completely useless on someone else's.

@yoshimitz707: really. So then what would happen if you decided to upgrade your 3DS to a 3DS-XL? Is there now way to take your games across?

@supersolidsnake2019: You have to do a system transfer.

Those "spongebob" guys are present in every game from Mario and Luigi series.

There's the transfer option, which will transfer the licenses over to the new hardware. The REAL problem is that if you lose your 3DS or it gets stolen you can't get any of those e-shop games back. This has lead to me never taking the 3DS out of the house and just using it as a console to play in bed or in the kitchen.

If you save stuff on to an SD card on one 3DS, you can only access them from that 3DS. I got Castlevania recently and wanted to share it with my cousin but it didn't work.

The same thing that's stopping people from backing up their PSP memory card and copying it to another person's PSP (note that I mean two unmodified PSP's - I'm fully aware that PSP's are easy to modify). Or doing the same thing with the Vita. I'm not exactly sure how they work, but there's an encryption of some sort that only lets those files work on an authorized device.