The worst thing about the 3DS situation is that we know that the device can do so much more. We know things are ready. We know that what is available as of now is very limited. We bought the 3DS even so because we know that it can be instantly updated.
So the question is, Why hasn't it been? It's no wonder people are always looking to mod devices. The 3DS experience so far has been like buying a long sleeved shirt, but being told that you can only wear it with the sleeves pulled up as though it were a short sleeved shirt until the shirt maker says otherwise. It isn't fair, and it doesn't make any sense.