Flash cart bricking Nintendo 3ds?

I don't own one so no speeches about piracy I'm just curious because I just read about it. Anyway I hear that the 3ds logs pirated games and that wen u boot a new firmware it will brick so I'm thinking theoretically if let's say I have a flash cart and never update my n3ds firmware then technically I'm in the clear right, if Its like that why r people crying about it??