Some homebrew games are ports of some legit original games, some are even open source ports like Hex-a-hop, which has been ported to the 3DS.

Companies like Nintendo just can’t stand the idea of their systems being unlocked due to the new ability to pirate their games. It doesn’t even matter if you have pirated, to them, they’l fight to push laws against modding consoles as well.

Bad on their part.