I still think in the US it is very rare to get a 3DS with a 2012 copyright on the box that is over 4.5......how the hell is it possible, unless Nintendo is putting newer 3DS is 2012 boxes, or someone is returning an updated unit. There was no 5.x in 2012 so anything truly manufatured and boxed in 2012 can not be 5.x. We have less base color choices in the US and I am not sure if Nintendo has even produced many blue/black or red/black units in 2013. If you get pink or black or any of the 2013 special edition XLs then they are very likely going to be 5.x or up......stick to red or blue black and a 2012 box and you are almost guarenteed to get a 4.x unit....just got one myself in early November.