The Terms of service (TOS) agreement that you agree to if you turn on a
Nintendo 3DS isn't something many people flip through. After all, you've already purchased this thing, and you need to play. The anti-DRM group Defective by Design has read it though, and are concerned enough in what it contains that they think you should be too. The group gained fame after campaigning against Apple to take out DRM from iTunes Music Store downloads, which Apple later did by itself.
The group is raising money to deliver Nintendo President and COO Reggie Fils-Aime a bundle of cardboard bricks to protest Nintendo's ability to remotely update, change, and even brick your 3DS should they choose to. The statement is buried inside TOS, but Nintendo does reserve the legal right to remotely manage your 3DS or perhaps in the words of the TOS, "render it permanently unplayable" if they feel the masai have a reason to, specifically should they think you're pirating games.
In addition, the TOS gives Nintendo the ability to track the games you play and then any personal information you enter into the console, including your name, age, gender, along with the area in which you live. By accepting the TOS, in addition, you give Nintendo exclusive and royalty-free rights towards the content you create or data you lather onto your 3DS. The 3DS is usually region-locked, meaning gamers in United states won't be capable of play Japanese or EU-released games on the 3DS without also importing a handheld from that region along with the game.
The group also takes problem with the statement within the TOS that the 3DS will connect to the Internet and right to Nintendo's servers to upload log files or update is DRM software. All the uploaded data is then used to target advertisements for your requirements - the TOS allows Nintendo to sell or share your your personal data to third parties to be able to provide targeted advertising for you.
Defective by Design thinks the rights that Nintendo grants itself in the 3DS' terms get carried away, and are accepting donations for that "Brick Nintendo" campaign. They're also inviting concerned 3DS owners and Nintendo fans to create a letter to the company to complain, in order to order the bricks themselves, place them, and then send them their own letter to Nintendo headquarters.
No matter if or not you think the TOS is excessive, the group is technically correct: every item they list is really in the terms of service that you simply accept if you power on the device. However, whether Nintendo will ever go to such lengths to promote, sell personal information, or brick handhelds remains to be seen.