Because Nintendo completely failed at DRM on the Wii U. Pirates can actually download games directly from Nintendo's official store and load them onto a hard drive to play.
It's even worse on the 3DS, pirates get an on-device store browser and install things directly. To my knowledge on the WiiU you still need to download and move it over via SD card.
And with FBI and the title DB, you don't even need freeShop. Things can be installed on a 3DS with custom firmware using the front camera and QR codes.
> Pirates can actually download games directly from Nintendo's official store and load them onto a hard drive to play.
I hear its the same with PS3 those days. Pirate app you install on your cracked console that allows you to browse, download and run games from Sony's servers without paying for anything.