That argument is more acceptable, but only if use of flashcarts directly caused bricking. If they bricked as a discrete, after-the-fact punishment, that would put it into the realm of removing functionality the consumer paid for, whereas the former is an example of the consumer knowing the consequences and leading to the destruction of their own property.

Even that's still shaky ground, but then at least that would be a result of the functionality of the product, rather than a company intruding on your private property

Bricking on purpose is going too far, but bricking by 'accident' due to 'conflicts' with the firmware updates and the unautherized software is completely ligit.

I like the sound of this

Even then, if it's traceable to Nintendo, it would be a PR Nightmare, and I'm sure that a class action wouldn't be out of the question. In some countries it's not illegal to have homebrew in your console, and I'm not sure but I believe even selling R4 cartridges isn't illegal in some countries as Spain.

Nintendo isn't that dumb to brick system on purpose.

Even if they can prove someone using the flash cart. They would have to prove that it was piracy and not homebrew or whatever.

After that, the case will be about the "act of piracy", which leaves Nintendo no ground for bricking a system.

An eye for an eye, everybody will go blind.

I say good for nintendo it about time any potential pirates take the 3DS's antipiracy measures seriously and to those complaining about homebrewing being affected get over it. If you want to blame someone blame the pirates that have forced nintendo to go to such extremes. That said if you think about this nintendo didn't release this with their system launch meaning they are taking the wait and see approach. Seeing how other means of antipiracy already on the system workout and keeping the bricking as a last resort but letting word of this ability spread to deter any potential pirates. pretty ingenious if you ask me.

This.

Just because some people "steal" does not mean everyone else should be criminalized.

You neighbour broke someone's car window, should you be paying for it? No.

Because thats comparable at all? and in some ways yes I would pay for it because I would be worried about my car and feel the need to get a better eye on it. If more cars got broken into I would take more measures. If I owned a company and people where stealing from me I be dammed I wouldntattempt to stop it and not one person who is for homebrewing, or whatever else some of them do with the systems wouldnt.

Well seems like there's something more real. A retailers posted this:

"Dear customers who resell Nintendo 3DS "
"non purchase able 3DS system"
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.

"Request to format before you sell"

http://www.gonintendo.com/viewstory.php?id=152082