I hate how Escapist writers pussyfoot around issues like piracy and DRM. Yeah, piracy is illegal, but always shoring yourself up against all angles by saying "[corporate entity] have every right* to protect their [product]. Bu----t, this seems to maybe, sorta, in a way, be a path that might, kinda, in a manner of speaking not be the best possible recourse."
And every time I read it, I think, For the love of all that's holy, either be an impartial robot, reporting only the facts, or stand up for your humanity and put your thoughts onto the page; not these halfhearted mutterings, like an ineffectual grade school victim mumbling about how it isn't fair the bullies are stealing his lunch money.
The truth is, barring further information, this is wrong on multiple levels.
1)As others have mentioned, updates can brick your console.
2)As far as we know, this is without your consent (as if it required consent, it would be no more effective than their current policy)
3)Even if you consent to some sort of all-encompassing EULA when first starting your 3DS, that doesn't mean anything, b/c it's one of those things that only shows up after you purchase the item. (And how would it apply if you bought a 3DS used and didn't see the screen?)
The most I'm willing to put up with is updates on the cartridges, that are required to play them, but that ask your permission before updating (y'know, like the PSP). That is the most level headed solution, and a good middle-ground between targeting pirates or targeting everyone in the hopes of hitting the pirates. The system as it stands is a tyrannical and oppressive system, further wresting control of our physical property from us.
*Slightly off-topic, the term "right" get's thrown around way too much, and it is used quite unthinkingly in this article. Since there is a distinct possibility that this violates a consumer's rights, do they really have such a right to implement this policy? Please consider your words more carefully.