EXACTLY.
I've already pointed out that testing the low 4 bits are zero would mean the brick routine is called witha 1/16 chance - which would mean EVERY CLONE with updated firmware is likely bricked after 16 executions of the code - so by now that would mean close to 100% - and we don't see that.
Check your math. If there was a 1/16 chance of bricking every execution, and 16 executions were done, about 64.4% of the 3DS's would be bricked on average.







