Nintendo is planning to sneakily update the firmware on its forthcoming 3D handheld console while the gaming device is to all intents and purposes asleep.
Asked whether Nintendo's impending - if already tardy - 3DS gaming gadget would be using anti-piracy measures over the Internet, the Japanese outfit's CEO Satoru Iwata let slip: "As part of the functionality of SpotPass, we're looking into having automatic system updates via the internet."
SpotPass is Nintendo's technology for updating player rankings and notifications via Wi-fi while the hand-held console is not in use.
Any attempt to circumvent piracy by automatically updating the firmware without notifying the user is bound to meet with a barrage of complaints from digital rights groups and individual users alike.
Nintendo has attempted to seed piracy-busting firmware updates to legacy DS consoles in the past but says that most don't bother with the troublesome process if there's nothing in it for them.