I'd be fine with this if it was the government. But nintendo should not brick your console. They can cut your tie to their online service and turn you in to the authorities, or sue you, But to have a kill switch is bad. I dont agree with piracy, but that is an isue for authorities to deal with. Once you buy that 3ds you own it.

You hit this one out of the park, it's your system, you're free to do what you want with it, the online system is Nintendos they're free to block you from it, but destroying personal property is sorta illegal...

The first part sounds plausible. Flagging systems that used flash cards to prevent trade-in sounds like something Nintendo would do. I mean, they would rather people buy hardware new anyways right? So potentially constraining the supply of used 3ds systems for sale may be in their best interest.

Bricking consoles because of flash card use? I know some of you subscribe to the 'by any means necessary' approach of curbing piracy but I don't think Nintendo would do that just in the name of stopping piracy. 

Given how crazy the second part sounds (disabling purchased hardware remotely because of flash card use) I'm taking this 'rumor' with a huge grain of salt. If anything, Nintendo will disable access to online gameplay, which would be reasonable.

When u buy your system, you agree with whatever Terms of Uses are attached to the system. If u do not like the terms given, you are FREE not to buy the system. If u do buy it you agree to abide buy the terms.

Therefore if u choose to have unautherized software on the system, u choose to  accept the risks involved when updating with offical nintendo firmwares. 

Hence, if your console becomes a brick due to updates, it is your fault not nintendo's because u chose to have the update with your modded system.

Ah, the Shrinkwrap Clause arguement.  Refuted in at least one Circuit, and likely is in others as well.

People who use modified firmware, flashed or chipped devices never agree with this naturally.

If there's a way to run unsigned code without modifying the firmware (illegal), or legally run unsigned code to use flash ROM copies, then I don't how Nintendo or any other device license holder would be in their legal rights to remotely shut down a device.

Of course using flash ROM copies almost always requires modification of the firmware to work and or it requires the use of unsigned code, meaning while it may be legal to make a copy of your legally purchased software and keep it (as long as you maintain the license by keeping the original physical copy), you don't have any legal way to play those copies unless Nintendo writes code that permits such copies to be played.

Like any gaming platform, it's still their sandbox even if you paid the cost of a handheld to gain access; you're just playing in it.

ToS and EULA are only as good as they are written. Having a clause that they can destroy your property would most likely be thrown out of court. You can not contract your self out of the law. Nintendo can choose to not sell me one. Once they do, what I do with it is out of their hands.

isn't that what people where afraid Sony would do?? how come when Nintendo is doing it it's all good but when people speculate Sony might do it they are considered the Devil??

Cool!!

people are making a big deal out of nothing. the same thing is said by nintendo every wii firmware update that unauthorized modification can result in an unoperable system. i doubt them saying it this time means anymore than the other times.