Seriously people, this should come as no surprise at all. Nintendo showed their great ineptitude when it comes to Online on the Wii and the DS, but they had to learn at some point.
You have the privilege, and I'll say that again, privilege of using their online infrastructure, which is a service (services being *separate* from the goods you purchase, the goods being your consoles and games), completely free of charge as long as you follow the Terms of Service which require you to keep your system up-to-date. If you disagree with the Terms of Service, you don't get to use the service, it's really that simple. You're not being punished for anything, you're not being vilified, you're just not following the Terms of the Service of a service you'd like to use and as such you can't use it.
You're at the exact same crossroads as everybody else and have to make a choice - either you'll go Online and legit or Offline and with hacks and mods, that's what it all runs down to. You might think that this is unfair, but it's as fair as it gets.
I'm sure that eventually methods of fooling this new system will pop up, but even then you're going to use them at your own peril and your own responsibility because Terms of Service exist for a reason and you can't expect Nintendo to offer you a service when you disregard their rulesboard.