ELSPA officials have completely disavowed a newspaper report in which the organization’s head of IP security is quoted as saying that 90% of American DS owners use a particular copyright circumvention device. gi.biz has ELSPA’s denial, quoting an unnamed spokesperson:
[IP security head John Hillier] didn’t quote The Sunday Post on any figures whatsoever. ELSPA (which represents U.K. game publishers) would certainly never presume to comment about America or anywhere else outside of the UK.
The quotes from The Sunday Post were ascribed to his name from another article which originates from a website in Singapore. This, it appears, is where The Sunday Post first found out about the supposed R4 situation and for some reason unknown to John have quoted him on what this article said.
As far as Nintendo are concerned, the facts are completely spurious.