well you can use gamepass for "free" if you use microsoft rewards. I have not paid for gamepass in the last 2 years with it. Yes you do have to put a little effort into ms rewards but its not really that hard. you can easily earn the required...
That sentiment grew from Nintendo's long history of anti-consumer behavior, it didn't come out of nowhere. Hell, they've even raged against used game sales before, but presumably you wouldn't blame that behavior on the people buying used games...
Seems like a hollow victory. 3ds scene has been dead for years. Flashcarts are $5 on the usual places, luma3ds is open source, don't even have to open the 3ds to mod it, I could go on.