this is what i thought, just wanted to make sure

so yes, nintendo can make it if you want to play online you need to download an update for the game, and at the moment even if we can play some games that require a firmware above 4.5 using gateway, we cannot get to the eshop, it is not like a true firmware spoofer etc.
when i wanted to play online with animal crossing i was tied between keeping my relatively un-updated 3ds, or updating so i can download the game update and play online, and i updated.
nintendo could do 'easy' things, like simply having to to go online, and download a free 'license' for the game to play online, via the shop. and without that you cannot play online.
that way, even if gateway will let us play online, but until we can access the eshop, or install dlc/'wads' (whatever they will be) we would not be able to play online.
so even if gateway let you play online, you would not be able to go online with mario kart (unless you have the update on your 3ds already), and you would not be able to go online with the japanese version of animal crossing, what other games have updates? a list should be made.