There will be continual updates for the 3DS until a new handheld device is released. These updates will occasionally add new specs to the 3ds (Miiverse) and will check if your 3DS has any unauthorized software installed.
The 3DS does not have a game packed in with it. However, it does come with software preloaded on the system, such as: Mii Maker Mii Plaza Nintendo 3DS Music Nintendo 3DS Camera Face Raiders AR Games Internet Browser
No, you do not, but the option will be available. The Nintendo 3DS is backwards compatible and can play Nintendo DS games. Also, preinstalled software as well as paid applications can be played on the Nintendo 3DS.