The problem is not piracy, sigh, it's the price of the game relatively to quality and demand of that kind of game.
I think they will have to stop developing for the 3Ds and go to another platform instead because their game is not worth paying 40$. Part of the price is probably to cover royalty to Nintendo but they have to realize that their game is a 5-10$ game. People only pay full price to AAA games that will sell for sure, otherwise, price need to go down.