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No. Because the old 3DS doesn't get it.Oooooohhh I think I understand now.....hmmm...but the New3DS could still run 3DS games...so if they made DLC and yet its only for N3DS and they put it on the Wii U...wouldn't that kinda be like a loophole, because in a sense they are putting them for a 3DS and the Wii U
Keep in mind that the 3DS and New 3DS are completely treated as unique systems. Like the DS and DSi or Game Boy and Game Boy Color.
That, and I don't think Sakurai would go for it himself despite his great job at twisting truths.
If the New 3DS was just "the 3DS with more memory", that'd work. But it has a new C-Stick as well. It's quite literally a Wii U compared to the Wii at this point. The name doesn't matter because Sakurai said those statements before we knew the New 3DS existed. He may never have known about it. I honestly think if he was going to do that, he would've delayed the game and made it New 3DS only. But he didn't.
So I fully doubt that loophole could work. Especially with the New 3DS not being a regular 3DS in all ways but, well, name.