A short while ago a functional 3DS flashcard emerged into view that gave people the opportunity to play ROMS on their 3DS.
ROMS are a particularly touchy subject as many do in fact use them as a means of backing up legally owned content. However, the Nintendo DS suffered greatly because of them as many flashcard users downloaded tonnes of games they had not purchased, meaning they did not legally own the software.
Nintendo has said it will be utilising system updates on the 3DS to put a stop to the use of flashcards and it seems it has done just that as the company that manufactured the flashcard has confirmed the latest firmware update has stopped it from being compatible with the 3DS.
Nintendo seems to be on the ball with its defence against illegal behaviour on the 3DS. This is largely down to the fact the 3DS has a much more advanced online infrastructure than the DS did. Thanks to firmware updates such as this, the company can keep on top of restricting illegal activity.
Source: http://www.nintendolife.com/news/2013/06/nintendo_blocks_3ds_flashcard_with_latest_firmware_update
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I hope it stays this way for both handhelds, the people who sell these flashcards should be dragged to the court ! (although one has to wonder how beautiful N64 games would look on the Vita
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