The Wiiu and 3DS emulation scene will be the area to watch for the foreseeable. Nintendo is about to cut off their online stores. Both scenes are very big on emulators using personal copies of legally purchased games and both systems are still 'current' product for Nintendo. Copyright is copyright no matter the age (in as far as 99% of video games are concerned) and scenes can impose any restrictions they like, but when was the last time someone insisted you have a legit copy of a arcade board for MAME?