During an investor Q&A (translated by Andriasang), Nintendo president Satoru Iwata outlined a potential method of keeping the 3DS from becoming as beset by piracy as the DS platform -- and it uses one of the new 3DS features. Iwata told investors that "As part of the functionality of SpotPass, we're looking into having automatic system updates via the internet." That means that the 3DS would be able to download firmware updates automatically whenever in contact with a WiFi signal, a functionality that Iwata also wants to use to add new features.
Iwata also said that Nintendo expected to keep game prices around the same price point as current DS releases. "We don't believe that the world is in a state where high priced software will sell well, so we don't believe it will be in a price range too far off from current DS software." And then Square Enix games will be ten dollars higher than that range.