You understand that the Nintendo 3DS System specifications and the Nintendo 3DS Service are constantly evolving and that we [Nintendo] may update or change the Nintendo 3DS System or the Nintendo 3DS Service in whole or in part, without notice to you. Such updates may be required for you to play new Nintendo 3DS games, enjoy new features, or continue to access the Nintendo 3DS Service. After the Nintendo 3DS menu is updated, any existing or future unauthorized technical modification of the hardware or software of your Nintendo 3DS System, or the use of an unauthorized device in connection with your system, will render the system permanently unplayable. Content deriving from the unauthorized modification of the hardware or software of your Nintendo 3DS system will be removed. Failure to accept the update may render games and new features unplayable.
The last message from Nintendo concerning 3DS piracy said that using such content ‘may’ make the system unplayable. As you can see, the actual user agreement says that piracy ‘will render the system permanently unplayable’. Going from ‘may’ to ‘will’ is quite a big difference. You have to wonder just how permanent this bricking could be.