Is it too late to ask for a "passive aggressive" option between the 'yes' and the 'no'? Because that's what I think will happen. Once a hack is released, nintendo will follow up with a patch, and if possible change the things that the 3DS relies . If possible, they'll want to make it so updating a virgin 3DS is perfectly safe but using outdated guides or exploits will be a death trap (Waninkoko's 4.2 updater, anyone?).
I don't see my option in the 'no' department either. Why would nintendo want to block the online stuff? It just makes no sense. I can barely imagine how stupid things would be at nintendo:
person 1: hey, this guy is updating his 3DS, and it shows he's using a flashcart. Shall we send him our stub firmware?
person 2: naah. He'll just sue us to get a new 3DS. And most likely do exactly the same thing. Just send him the regular one. That'll stop flashcarts as well.
person 1: last time, it took less than 2 days before most carts got around our "solution". Why would things be different now?
person 2: this time, we're blocking them from the e-shop!!! Muhahaha...
person 1: ...you DO realise the irony of trying to deny a pirate access to a shop where you can BUY games, right?
person 2: I don't follow.
person 1: ...let's just say he will try to get the content in another way. *sarcasm* An
illegal way, no less!
person 2: hmm...good point. Oh, I know: we'll make him into a social paria by blocking streetpass.
person 1: *slowly speaking* but that WON'T make him stop pirating games. Which is the reason why he bought it in the first place.
person 2: that's exactly the problem: he bought it to pirate it. There is just no way to get him to stop doing that.
person 1: yes, there is. Just nuke his ass. What's the point of spreading all these rumors of us legally being allowed to brick pirates if we're not going to DO it?
person 2: that's just a smokescreen. In reality, we just have to suck up the liberties of the people to pirate whatever the hell they feel like. We can't even properly have flashcarts banned.
person 1: so...if not that...what ARE we going to do?
person 2: we're just going to annoy people at forums by releasing half-assed fixes
No...if they can detect you have a flashcart, they will block it as hard as they can (I doubt it'll be with bricking the thing, especially directly before E3, but I wouldn't rule it out). But nintendo won't disable your online service. At best, it'll be the only option
for consumers to keep their stuff working.
On another note: which of you "OMG sue them!!!!!!" guys actually visit the wii part of this forum? There are brick or near-brick reports coming in almost every other day, but thus far, none of those got even close to suing nintendo. The reason: it's always because of user error. It's one thing to defend your right to do with your 3DS what you want, but you can hardly blame nintendo for you fucking up things nintendo don't want you fiddling with to begin with.