http://www.pcworld.com/businesscenter/article/227957/nintendo_3ds_targeted_in_antidrm_campaign.html

will this mean 3DS homebrew games cannot be made? and that one of us could unknowingly be on a future magazine ad for the 3DS or Nintendo products in general? 😐

You have to keep in mind that no company wants their game system open, and they all try to implement security and DRM to prevent the homebrew community from getting access to the system. We most likely won’t see any homebrew for the 3DS in a long time anyway, but that’s par for the course with a new console.

What the article is referring to is the Terms of Service for the 3DS. Apparently there is some clause that says if you modify your 3DS Nintendo can and may brick your console and render it unplayable. Really I think they’re just saying this so that people can’t use flashcarts on their system and then sue Nintendo when the latest official firmware is released and causes harm to their system. To the average consumer, this is really not a big deal at all.

If you want the best homebrew options, it would probably be in your best interest to never update the firmware. However, I very much look forward to the June 6th update that includes the E-Store.