I've been playing the mario kart 7 (rev01) rom off my gateway on my 3ds xl and then on my (9.0 firmware) n3ds xl using download play to join a gane session, works fine. Something weird happened when I converted the rom to a CIA and installed it on my 9.4 emunand - when the n3ds xl joined a prompt came up to say a firmware update to 9.4 was required to join. This unit has never, ever been given a wifi password so it has not found this update online. For some reason the download play CIA is advertising the host's firmware version.