Looks like Nintendo is keeping true to it’s promise of keeping the 3DS pirate free.

How? By remote bricking your 3DS console. At least that’s how the current spiel of rumor goes.

If the rumor mill is to be believed, with the use of a simple system update could easily shut your Nintendo 3DS down and more importantly, lock you out of the device for good.

How will Nintendo know if you’ve been good or bad with your 3DS console?

Simple. The 3DS simply knows everything you do with the device from the cart you put into the slot, the game you’ve played and even what you do beyond gaming on the device. According to several Japanese sellers of the device, Nintendo may also flag your console if you use equipment which is illegal (like the r4i and it’s derivatives) or unapproved by Nintendo.

Once your system has been flagged, all Nintendo has to do is fire up the mandatory update and brick your 3DS. Evil? Probably. Necessary? Hmm.. On the fence on that one but it does seem harsh to brick your 3DS for running anything unapproved… like homebrew.

Japanese retailer Enterking has posted a warning on their website indicating the dangers of running unapproved and/or illegal software on your 3DS:

“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”

To protect from leaking your personal and internet connection information, We ask customer to format system. In case purchasing could not be established after you format 3DS system, Enterking is not responsible for lost datas and settings. Please understand before you format.

You can view the original flier below:

It will be interesting to see how the homebrew scene will tackle this challenge that Nintendo has put in front of the community. Of course having your device know everything about you and what you’re doing with it AND phoning back to it’s mother company does present a privacy issue. I smell a lawsuit when the 3DS reaches the states LOL.

Source: GoNintendo, GBATemp