I can guarantee you that if Nintendo says they aren't patching the console after...

Salgat on May 24, 2023 | parent | context | favorite | on: Nintendo updates 3DS to block Bannerbomb3 despite ...

I can guarantee you that if Nintendo says they aren't patching the console after it's sunsetted, publishers will still happily publish games on the console without that clause in the contract. This is still 100% on Nintendo.