The news was first spotted by TheGamer, this update seems pretty minimal if you read Nintendo's official patch notes. Those simply say that the update "improved system stability and convenience." However, several users have been letting everyone know that the update essentially breaks several tools hackers are using to get pirated games onto the platform. If you already have those programs on your 3DS, you're fine to update, but there doesn't really seem to be much of a reason to do so.
IF YOU HAVEN'T HACKED YOUR 3DS YET DON'T UPDATE IT pic.twitter.com/N1mhNXf3xb
— the shamecube (@mattgcn) May 23, 2023
Again, protecting IP is a priority for every company, but Nintendo's move here seriously hurts preservation efforts. Obviously, it's their system, so they can do what they want, but this only highlights why so many people wanted the store to either stay open or for Nintendo to do something on its own to preserve these libraries. At this point, your only recourse for picking up some of the rarer games is to use hacks or go through scalpers. And if you want some of the digital-only titles, you don't have any options besides pirating them.
Hopefully, this move signifies that Nintendo has larger plans for the future. If the company is completely taking away access, you would like to see them give another way for players to download those old games. That said, this is Nintendo we're talking about. They've been slow-rolling the distribution of old games on Nintendo Switch for a while now, so expecting them to speed things up will likely only end in disappointment.
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Source: https://comicbook.com/gaming/news/surprise-nintendo-3ds-update-targets-hacks-pirated-games/
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