Wasn't cubic ninja taken off the eshop in Japan as well? As much as I would a love region free system, I am glad Nintendo is taking a proactive approach to preventing piracy and stopping software sales from going completely down the toilet like it did for DS, or even PSP or Dreamcast.
I absolutely despise region locking, but if hacking the 3DS opens the door to piracy (which it will), in my eyes it is the lesser of two evils.