keep responding no just when they addressed the situation on December 18 , it was the appropriate moment. If they have bricks with n3ds the should have said so people could have decided for themselves if they wanted to just keep waiting or not.
I don't think they have bricks i'm guessing you currently need hardware to flash few for n3ds or exploit causes mess somewhere and they have to make it work so people won't go "omg gateway broke my 3ds" again.
I mean seriously, all the people who got their 3ds bricked on fake carts, it was their damn fault and tey the whine was incredible.