I think all the developers know now that having some form of patch locks most of us flashcard users out (of online)
we can access the eshop, gateway supports the latest firmware version...
why would nintendo make an update for it? i'm sure it will happen eventually, online games have more reason to be updated than offline games i guess. - but not on the first day...
someone a while ago said something like 'oh nintendo is going to put out an update for every game' - no they are not! they have not... there is no need or reason.
all that would do it make it so, currently, out of region consoles cannot get the update and play online.
it doesn't stop people pirating the game, it doesn't stop pirate playing online.
nintendo are not going to do this so that only japanese pirates can play the game... lol
in a few weeks when it is released in english, everyone will be able to play it just the same, patch or not...
people can decrypt eshop stuff, not publically yet, and people can rebuild roms, again - not publically yet.
i believe it will be a matter of time before we are able to take update data from patches and apply it directly to the rom.
regardless of all this, even if there is a day one patch (because nintendo make a mistake, youkai watch 2 needed a day one patch because of a save problem) - i will simply download it on my japanese 3ds.