I'm really quite dubious about the idea of games automatically updating themselves to the latest version. I understand that it's necessary in MMORPGs (which I don't play much anyway) but in single-player... Even for a bug fix, I would generally rather know what's buggy and have the choice to fix it myself.
There is, after all, the possibility that a "game rebalancing" issue means "disabling the method I've found to win really effectively and have been having fun with".
And while it's somewhat rare, there HAVE been cases of official game updates being completely broken and ending up making the game unplayable or worse until a fix is released. Even when they aren't actually breaking stuff, the console linux removal demonstrates that companies will happily take features away from users.
So I'm kinda unenthusiastic on the idea of the 3DS silently automatically updating itself without your permission, and possibly when you'd tried to turn the machine OFF.
I've never pirated a DS game or even been tempted - I can't run google ads on this blog because I *know* those bastards are all over the feed and i've had limited results from trying to report them all. If the updates only check for cracks I'm not too bothered. But I don't *trust* companies to do what's best... and remember, it was the "anti-piracy" (region locking) features that prevented me from buying a DSi.
I'm in no rush for a 3DS anyway... 3d and me, not the best of buddies.