Without a flash cart you can't run Colors! on a Nintendo DS.
I purchased my R4 card when I heard that Nintendo was starting to crack down on Flash carts. THEN I bought my DS. I bought my DS for the sole purpose of running Colors! on it. If I wouldn't have been able to run Colors! on my DS then I would have never purchased this handheld gaming system. I have never pirated a game. Hell, I don't even know how to. I've run a few homebrew apps on it besides Colors! but that's it. That's all.
If Nintendo continues to send this sort of message then they better be ready to give us cartridges with Colors! on it (for free) and give us access to get the colors files off the DS so we can send them to the Colors! website. Otherwise, Nintendo will lose a small amount of sales to Colors! users who will pay for the application to be used on their Apple touch or iphone.