This might be only a conspiracy theory, but what if the firmware update was exactly the intention of this card?
Just a flowchart of thoughts:
- Nintendo has seemingly patched any exploits in the pre-6.0 firmwares.
- Someone at the scene thought that a rushed firmware update could have a number of exploitable elements. (s)he thought that a threat of piracy could taunt Nintendo into rushing out a major update (with some tacked-on features not to be too obvious).
- They made a 1:1 clone card, Gateway3DS, which uses no exploits but made Nintendo believe it does by composing the description that way.
- Nintendo, as expected, rushed out with the 6.0 update which contained so many flaws they had to release a minor patch almost immediately.
- Now, the scene has the un-minor-patched 6.0 firmware which is rife with bugs and likely multiple exploitable flaws.
- They can now freely search for these exploits that can hack the system wide open.