Imho Nintendo obviously is making a point to thwart the AceKard and it probably is mixing up the team as to how and when to release an update. Personally I feel that it is quite possible that the updates are not changing the amount of AceKard products sold, too, so they probably don't have to be in a real big rush to release said "beta patches". But I can only speculate.
It would be cool if someone reverse engineered the whole thing and made it community based to update this card. Then nobody would have to worry about them closing up shop. But this idea of mine, too, may be a bit far fetched and unrealistic for some reason.
But for me personally, I own four 3DS consoles, a DSi, and a regular DS. So if they block AceKard or anything else, I can still use it on the console that I choose just not the 3DS that I update all the way. Thankfully, SuperCard team is quick to release an update for theirs which imho is very unexpected from that team with their shoddy product track record in the past. Does anyone remember the original SuperCard and how terrible compatability was with it (and what I mean by that is either games not working or running way too slow).