I was encouraged to post here by thorasgar. I recently bought a copy of Smash 3DS (in Germany) along with my New 3DS. The New 3DS has 9.0-20E on it. Upon starting Smash 3DS, not being online with the N3DS, I was asked to update to 9.5-20E to be able to play it. It seems, that new retail copies (without Nintendo Star Codes!) contain and require a higher firmware to be played. Of course I didn't update (why would I) but it might be interesting for some people.