Seece on 11 September 2011
I think they should, and anyone with an old 3DS can upgrade to a new one free of charge, free delivery and get 1 free non retail game for the trouble. Any old 3DS's traded in store, get sent to Nintendo, and Nintendo have to refund the retailer.
The 3DS is going to likely go on and sell 50 - 100 mill, 6 mill now (where a lot won't even be that bothered) will be forgotton about in a few years, it'd be a lot less worse than RROD, and MS got over that just fine.
