So the 3DS is out and we’ve seen flash carts already being run.  Already, four major flash carts are working on the 3DS after flashing an update to them. One of the carts from the CycloDS team works directly off the bat, not requiring an update. For this reason alone, the Nintendo 3DS is a beaming prospect in the eyes of homebrewers worldwide. Bringing the joys of homebrew and DS rom support to the 3DS has some people worried about Nintendo catching on to their actions, however. With the 3DS, Nintendo has incorporated a system in which to view the game history log, usage level i.e. which games you’re playing and how often. The problem? Nintendo might not appreciate people using homebrew or running game backups on their 3DS console. Rumors are running amok regarding the potential for Nintendo to use a software update or a wireless method in which to brick the systems of users who abuse their anti-piracy/ anti-third-party tools terms of use agreement.

Over at GBATemp, a member of their magazine staff, Rydian, has put together a list of things for people to consider when wondering about whether Nintendo would actually want to do such a thing. I’ve put a source link at the bottom of this article that you should jump to for the full version of his considerations. His list has six main reasons with which to help people better understand how Nintendo would view bricking consoles.

  1. It is illegal in the US/ UK.
  2. Other systems also warn against third-party modifications
  3. The 3DS is [has been out] in Japan since Februrary and no such brickings have occurred.
  4. Third-party modifications do not include just flash carts, and cannot be detected perfectly.
  5. Nintendo does not profit in any way by killing your system.
  6. Updates will not be done without your consent.

Rydian goes on to say, regarding point number one, that since US/ UK law recognizes the differences between goods and services, Nintendo cannot legally destroy your game system. They could, however, revoke your usage of their online services because they are exactly that, services. The good in which you purchased, the 3DS, cannot operate without the proper software updates, so if Nintendo maliciously bricked a system, it would be against the law. He also talks about how Nintendo has used “scare tactics” and “fear-mongering” in the past, recalling a recent Wii game, Kirby’s Epic Yarn, which flat-out tells you that if you have unauthorized third-party devices, an update may render your machine inoperable. No doubt some Wii consoles have mods, could possibly be detected, and haven’t been destroyed by Nintendo, clearly.

All-in-all, it doesn’t seem likely that Nintendo would be that hardcore in their pursuit against anti-piracy activities, but these are some good things to consider before you freak out and assume your 3DS is heading to paperweight status.

[Source]: GBATemp – Rydian’s thoughts on Nintendo bricking your 3DS

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