It was broken much, much earlier. At first you required an external device (special cartridge) or hardware mods, but there was a software exploit via the web browser for over a year now.
In addition to being broken earlier, it's been trivial for even a casual user to pick up the exploits and use them to run arbitrary software on the device. There's a long-running website out there you can load in the 3DS web browser to exploit your device with a single click.
Well the first break that brought piracy happened about two years after launch. Also, the Vita, which launched around the same time is sill unhacked pretty much. It's a shame that there's not as much good games on there for it to be a commerical success. In fact the Vita does so many things right that the 3ds fails at (security wise).