The Nintendo guy you talked to was either lying (dunno why he would though) or he didn't know what he was talking about. When I sent my old 3DS in to get the screen repaired, it came back with a title called "???" in my Activity Log shown as being played during two of the days that it was sent in for repair. I didn't actually get an icon in my Activity Log book, and since it showed up as "???", I assume they deleted the software from my Activity Log or something like that. However, a friend of mine also sent their 3DS in for the same reason around the same time and they also had an unknown title added to their Activity Log. They actually got an icon in their book, though, and it had a title instead of just "???". It was called "Nintendo DS Demonstration" and, like with my 3DS, it was shown to have been used during the repair time. So they're definitely using some software with your system when you send it in for repair, even if it's just to fix the screen. I'm positive that my Activity Log "Titles Played" count was consistent with the number of icons in my book sometime before I sent it in, and it wasn't until afterwards that I noticed an inconsistency. I'm sure it's just because they deleted whatever software they used on my 3DS, and although the icon is deleted, it still counts towards your total Titles Played and it still shows up on the days it was used as "???". It's the only logical conclusion.