Hacking 3DS Firmware Not Updating?

[SecretFury]

So I recently purchased a Gateway 3DS for my 3DS firmware 3.0.0-0U (it's never been updated) and upon purchasing discovered that the only way to update it to to 4.1 - 4.5 is to have a game with the firmware already on it. Anyway that was no problem, however today when I purchased a used version of Mario Tennis Open (USA) (listed on all the sites as a game that would force an update to 4.3/4.4), upon playing it nothing happens. I am not prompted for an update and can play the game just fine with my firmware remaining at 3.0.0-0U.

So my question is what is the problem, did I really just buy this game for nothing? (Also already tried to format my 3DS and the game still won't update the firmware)

 

[dazemc]

have you tried going online at all?

also looks like the E version of the game has 3.0 and the U version has 4.4

 

[stomp_442]

have you tried going online at all?

Are you advising the op to have his 3DS take an online update? That would do him any good if he wanted to use a gateway.