This is simply a case of people not really paying attention, the LED 3D light will always be on as long as you are in a 3D capable game/app. Tales of the Abyss has anime FMVs that are not in 3D but the light is still on cause the game, overall, supports 3D. Same for pics, it would be unnecessary code and processing to have the 3D light shut for each instance where 3D was needed for a brief moment.