I think the reason for all the fuss is that Japanese New 3DS units were shipped with 8.1, which I THINK lacked the ability to use the Gateway downgrade exploit(?). And with no game to update to 9.0 or 9.2, those users were left without a solution.
I don't know the current situation though, since I don't own a Japanese N3DS.
the 'problem' is that the consoles do not come with the internet browser, and you have to update to get it.
so people worried that if the n3ds exploit will be a web exploit, that they will not be able to use it because they do not have the web browser, and if they update to get it they will be on 9.5, and not be able to use gw.