According to 3DS terms of service via Defective by Design:
By accepting this Agreement or using a Nintendo 3DS System or the Nintendo 3DS Service, you also grant to Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in whole or in part and to incorporate your User Content in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.
Wow. Responds Defective by Design: “Can you imagine Canon or Nikon claiming the right to use pictures taken by you with one of their cameras?”
It gets worse. The onus is on you to ensure players under thirteen don’t use real names and take photos of themselves on the device. And sould Nintendo think you are in violation of their terms, they “will render your system permanently unplayable.”
Jeez, can the 3DS get any better?