Update: The original post remains below. I was contacted by Ness from Nitro Online and he explained to me the Warppipe connection. Apparently Nitro Online has an exclusive liscence from Chad to use the Warppipe Alpha code and the inclusion of it in the OS X build was for reference purposes only. They are using a few files for reference but will write all the code themselves due to the fact that the code used for Warppipe wouldn't work on the DS. I asked Ness for an interview as I have a lot of questions about the project but it seems like the team is too busy at the moment.
Well after the Nitro Online's claim that they will tunnel the DS in 10-12 days, we start to see some of the code. Looking through their CVS repository it appears they are using the last open source version of the Warppipe code for the purpose of actually tunneling the captured data. Apparantly Warpipe started as an open source project and then after version 0.1.3 became closed source. Assuming that the warpipe tunneling was solid enough at that point to be usable, means that all is really left for Nitro Online is actually capturing the wireless data. However the wireless part is the hardest and that is probably why they have been trying to entice a lot of the Windows DS hackers to work on their project after already bagging the author of Kismet - a linux based wireless sniffing tool.
The funny thing is that Nitro said that the would be able to support all wireless cards and operating systems. Currently there is one obscure wifi usb stick working on Windows thanks to Tim Schuerewegen aka Firefly, one chipset working on linux thanks to Gladius and so far nothing on apple. So considering the current situation I am not sure how confident we can feel with Nitro's claims of a working cross-platform app in just over a week remaining .