ah ok.
but let me either put another way:
it needs more than one company.
it needs more like a Bluray alliance or HDMI alliance.
then you have a common set of rules all comapnies agree to follow.
Actually is not something Sony,Nintendo and Microsft, Google and Apple could sit down and decide, not to mention movie companies...
on 3ds that would be a nice fan service, but imo is more they want put more efforts on new features , for example they could really follow that patent and develop a new cartridge that can be used on home console too ... also ds and 3ds games could be sold on digital only, like the vWii they could make a vDS and a v3DS ...
Anyway i got 2 batteries for ds and 3ds in case the original ones fail, i think they will last long ...