Early reports from Japanese retailer Enterking state that flash cart use could cause the 3DS to be bricked by future firmware updates from Nintendo. In reference to purchasing used systems, Enterking makes mention that they won’t buy 3DSs with unsupported software as there is a chance that future firmware updates could brick (kill) the device.
The warning roughly translated from the flyer states that
In case if you use equipment which is illegal or unapproved by Nintendo or if you do customization which is unapproved by Nintendo, there is a possibility that Nintendo 3DS become non bootable by system update. - From Nintendo 3DS terms of agreement
Because of terms of agreement above, Enterking refuses to buy 3DS system with record of illegal or unapproved equipment.
This isn’t the first we’ve heard about an anti-piracy system being in place with the 3DS, as shortly after the announcement of the handheld, THQ’s Executive VP of Global Publishing, Ian Curran mentioned that “there’s technology built in that device to really combat piracy.” The effectiveness of the 3DS to curb piracy is obviously paramount to securing legitimate game sales and development on the platform. While we have yet to see seen solid evidence of a 3DS being bricked from flash cart use via a system firmware update (Although we have seen DSi flash cards being used on the new system to play original DS titles), it stands to reason that Nintendo built in more protection against piracy then was in place with the original DS iterations.
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