News Article

Nintendo Of America Rep Insists That Lost Digital Content "Not Covered For Replacement"

Posted by Damien McFerran

Don't lose that 3DS

We've previously grumbled a bit about the fact that Nintendo currently does not employ a proper ID-based system for its downloads. Instead, the content you purchase on your Wii U and 3DS via their respective eShops is tied to the system itself.

Stories have been circulating that Nintendo is prepared to replace digital content if your console is stolen and you can produce a police report stating that fact, but there doesn't seem to be any concrete rules in place to determine what happens in this situation. As if to prove this, check out the reply which a NeoGAF user received when they enquired about what would happen if they lost their 3DS console and all the lovely eShop titles contained on its SD card:

All virtual content downloaded on the Nintendo 3DS is tied to the system itself. As our warranty doesn't cover lost or stolen game cards and systems, if this were to happen regardless of your games being virtual or you owning the physical copies, they would not be covered for replacement.

One of the benefits of choosing digital over physical games should be that they cannot be "lost" as such — you should be able to re-download previously purchased games to any new system. We're pretty sure that Nintendo is working on some kind of solution to this issue, similar to the one used by Sony, Microsoft, Apple and Google when it comes to buying content on their respective platforms. However, for the time being you may want to ensure you keep your 3DS close at hand whenever you take it out of the house — because if you happen to misplace it, you may lose all of the games you've paid for.

Do any of you have any experience in this area? Have you lost a Nintendo console and been successful in getting the company to replace your digital games? Let us know by leaving a comment below.


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User Comments (132)



gurtifus said:

Well, they should not complain when first working flashcards are released and lot of people will rush to buy them.



PinkSpider said:

This really needs to be rectified asap. I can't believe Nintendo are being so stubborn with user I.d's. Sort it out Nintendo You have a loyal fan base which you are gonna alienate with this sort of attitude



Einherjar said:

Thats one reason why we needed a profile system. I dont know why its so hard linking the system up with the club nintendo profile and registering all of your purchases there.
And everytime you need to register a new system without the ad-hoc data transfer tool (your old system has been stolen) youd have to pay a little price (to prevent scam)
I dont see why nintendo doesnt implement such a system. Sure, they aim to do everything a bit different from other companys and im very grateful for that, but such a profile system is mandatory in my opinion. it should be the backbone of every digitally oriented device. And seeing, how much they advertise their digital game versions, it kinda baffles me that their policy for that remains in the stone age.



valcoholic said:

I won't buy anything digital more expensive than 15 bucks as long as they can't sort that out. Nintendo is doing so much right with the WiiU's online capabilities, their complete failure in having a proper plan how to handle their customer's property draws a hard contrast to that. Would be nice if Nintendo could just cut the crap and act like a proper online reseller.



iphys said:

I think it's pretty brutal that even if you lost your system yet had the SD card containing all the digital games for it, you wouldn't be able to play them on a new system, so there's basically no way to be able to take your system out-and-about in the world without risking losing your entire library of digital games, unlike your physical games that you can leave at home. It's pretty unfair that you can easily swap a retail cartridge from one system to another, yet you have to do an entire system transfer to transfer a digital game, and there are so many limitations on it.



gurtifus said:

@PinkSpider I mean behavior like that encourage people to buy flashcards to keep their games safe in this kind of issues.
And since they have flashcards they might be tempted to use it in an illegal way...



SwerdMurd said:

oh Nintendo.... Why must you be the last guy on the team? Literally every other device on the market w/ access to digital content gives permanent access to purchased content - normally on as many devices as can access it. In the 2 years I haven't bought any digital content from Nintendo, I've bought a cornucopia of Steam games, PSN games, iOS game / IAPs, and have said content on 3 or more devices. They're doing it cause the content is so legacy-style / exclusive that gamers will just suck it up and pay again. Gamers - please stop rebuying.



daggdroppen said:

fix it nintendo!

i have 40 eshop titles on my 3DS. payed over 300 euros for them.

so fix that nintendo!



Grubdog said:

It's a damn email reply. Every experience I've read ended up with Nintendo replacing the games for the user. They simply aren't going to say "oh yeah, lose your 3DS, throw it away no problem" because they don't want to reimburse Joe Casual at the drop of a hat.

They'll sort the account system eventually, but so far people are worrying about something that hasn't even happened yet



CountEkkiM said:

when 3ds got miiverse hope they make same account system because miiverse needs that and ist stupid if we dont get the same account with wiiu



SWATwolf said:

My 3DS had been pickpocket half a year ago, with those Streetpass data, $100 worth of e-shop titles and not to forget that ambassador games. My heart tore apart. How I wish Nintendo had some cloud system to store your data.



rafaelluik said:

To use DSi Shop and Play Store (and I believe the other stores like iOS, and the new eShop, etc) you agree to a contract which says they don't guarantee the availability of the digital content purchased at any time after your initial download. You should know that.



Humphries90 said:

My biggest request is an actual account system for my 3DS. I'm terrified about losing it/breaking it. I really do think twice before buying something on the eShop just knowing that I'm not really buying it, I'm loaning it until my 3DS packs in.



datamonkey said:

Oh Nintendo, why do you make things so confusing and complicated?

They are so obsessed with piracy that they forget to treat their loyal, paying customers properly. It's about time they turned that around and gave us a proper online service.



Alienfish said:

I've been saying this since they started the Wii Shop Channel. Club Nintendo already has all the info so what's the hold up? I tell you one thing, if I lose my 3DS and can't get my games back I'm Nintendo is going to hear about it every day until I do. Another thing that pisses me off is that fact that every video game company treats a digital copy like it's some kind of hard thing to reproduce. It isn't. If you can prove that you bought it before, say through a Club Nintendo account, then they should just give you access to those games. I can understand not being able to get a cart back. My son's 3DS got stolen with NSMB2 in it (luckily there were no downloads on it or Nintendo would have already felt my wrath) and there really wasn't anything to do about it. Digital is supposed to be safe. Alright, I'm done ranting now.



banacheck said:

I think as Nintendo is not going to safe-guard us there customers, by adding a proper ID system. I will not be supporting anything off the eshop, until it is either in there policy that they will replace your digital games, or they have a proper ID system in place. Nintendo really needs to step into the 21st century,



Shworange said:

As long as we keep buying classic games from Nintendo, they won't insure our games. We need to stop buying all digital content until they fix this!



miron_khuzd said:

Not getting pricey 3DS download titles from eShop anymore as well. A year ago my household was robbed and I've lost my console with all the ambassador and other eShop games. And that sucks! Only cartriges for me until they do something about it.



Einherjar said:

@Alienfish It also is the bigges hole in Nintendos marketing campaign for digital downloads: It costs the same (sometimes more) than the physical copy, it takes up a lot of space on your SD Card (limiting the amount of games your can have at the same time) and its not refundable nor is it safe in case you loose it. So, what makes digital downloads so much more attractive ? The only two things i can think of: You dont need to switch cards if you want to play more than one game. But if your lazyness reached that level, you have other problems than that and it safes publishers a lot of costs, enabling them to release their games for a wider audience (Kens Rage 2, Code of Princess)
Other than that, i see no real benefit.
I could understand it, if they are concerned about things like account sharing or piracy in general. But whats so difficult in registering the 3DS system number along with the purchase, so that your device in combination with your club nintendo id (and that combo alone) can redownload anything purchased prior, but when the system is lost, a verefication form is offered, linking your account with a new device number, deleting the old one, cutting it off from downloads (or, if crafty implemented, even from playing, some sort of black list thing, if the stolen 3DS ever tries to connect to the network).
This is no witchcraft, it should be a standart procedure by now. But seeing how nintendo (the most family friendly company i know) was able to finally lift their age restriction on the eShop, MAYBE they will realize it in the (near) future.
Maybe a widespread petition could help. Nintendo is one of the only companys that actually listenes to their fans to a certain degree, so maybe we can move something in that regard.



Morph said:

I got mugged last christmas and had a terrible time trying to get anywhere with nintendo europe, in the end i got the 20 ambassador games back but none of the eshop titles id purchased



GameLord08 said:

This is why I'm hesitant to adapt to digital retail purchases. If you insist on promoting digital console purchases, you at least ought to have a suitable system to support and benefit consumers.

I'm absolutely paranoid when it comes to my data yet I really want to be able to partake in the convenience of digital purchases (especially since I'm now a frequent traveller). Why not at least provide consumers with that ease of mind if you're intent on urging them into it? This is only both inconsiderate and embarassing of Nintendo and reflects poorly of the company's mindset.

Nintendo really needs to rectify their methods of adapting half-way to standard modern procedures, then saying "f*** the rest".



asusanto said:

Buy a strap (that is tied on a belt) for 3DS in an online store to prevent any misplaced item.



Hunter-D said:

I'm sure that they're addressing this behind the scenes but this needs to be corrected asap. Nintendo are doing much better on the digital front no thanks to the eShop and Nintendo's positive attitude to indie developers.

I bet that there are a lot of people who want to download great titles for their 3DS/Wii U but are afraid of loosing their software and not being able to recover it.

Maybe E3? I know that'll get a lot of cheers...



Spoony_Tech said:

Of course this makes total sense right now the way it set up. You lose your system and someone else gets to play all those lovely games you downloaded. Why would Nintendo allow someone to basicly double dip as it is now?!?! Now if we had a account system then if you lose the system as long as its not signed in they will never be able to play those games.

I believe what I just said is the problem with Nintendo not wanting to switch over. If say I want a game but don't want to pay for it I could maybe get a friend's Id and play the game till its finish and never have to purchase it. I know I would allow some of my friends to sample a game from my account!



GameLord08 said:

@X-Factor: Pray tell how you'd be able to conduct a system transfer when your original system is either misplaced, stolen or damaged.



McRokert said:

It would be great to play my ambassador games on the big screen, so let the big N make a move, or do we need to get to them at miiverse and complain with 1 millioen fans to get the things we want?



SilentHunter382 said:

Nintendo why do you want too push so much into digital downloading but have no way to have a secure way of keeping peoples downloads safe. The Nintendo club is proof enough too show that we have bought the games but you just couldn't be bothered to make that extra step (which nearly every other device or service provides).



miron_khuzd said:

@Einherjar another great thing about games being published in eShop is that you can get them at the launch day. That is even more important for the countries where nintendo retail distribution is in a pitiful state (like it is here in Russia).
Also just wanted to add that when I contacted nintendo support after I've lost my 3DS they asked me about the serial number of the console (which I've found on a package that left) and told me that they've blocked the internet access for that console. So yes, that's possible.



SilentHunter382 said:

@Tech101 "Now if we had a account system then if you lose the system as long as its not signed in they will never be able to play those games."

This is something I do not want. This is the same thing as "always on DRM" and would prevent you from playing games if you weren't connected too the Internet.



rtr0GMR1 said:

I had the original 3DS with all of the ambassador games. I went to Vegas for New Years a couple of years ago and, long story short, the system got destroyed. System transfer was simply not an option. About a year later, I bought the 3DS XL. After repeated emails to Nintendo and one very intense phone call where I was nearly questioned to death about my purchasing history, Nintendo added all of my ambassador games to the download queue of my new 3DS.

It was a very confusing ordeal because the first couple of times I contacted Nintendo, they told me that they were unable to add the games to my queue and that it is impossible to do it any other way than the system transfer.

It really sucks because I was given the choice to have either my ambassador games restored to me or my games which I had purchased through the eShop; I couldn't have both. I chose the ambassador games because all of the GBA games are not available for purchase.

Anyways, yes, I have experience with this type of thing and, no, it is not fun!



KeeperBvK said:

Of course they don't replace stolen or lost games. Why would they?
If they did, anybody could "lose" (i.e. sell) a 3DS with a hefty amount of download games and still get them all back.
The interesting thing to know is whether Nintendo replaces download games when the system they were downloaded to is broken. A guarantee never covers items to get stolen or lost, but only broken, so why would it be any different here?



Digital-Deviant said:

This should be a priority! I should not be able to loose virtual property, there is no good reason for Nintendo to take this stance now we have software tied to Nintendo ID.



Einherjar said:

@miron_khuzd But if a remote block is possible (which indicartes they keep track of every serial number out there and monitor them) they can easily look up, which account is connected to that number. That way, the can cut that connection and establish it with a new number, simple as that. They should be thankful that a customer is willing to buy a new, full price system rather than be picky about their account management.



Spoony_Tech said:

We all technically have an online account and its called club Nintendo. Why can't they just use that to confirm user accounts. Of course they would have to make sure everyone is able to use it and aware of it.



Damagemanual said:

Here's what I don't get. Everytime I buy something from one of the eshops, there it is on Club Nintendo! So to me, it looks like this already exists. Nintendo chooses not to use CN as their primary account system. Too weird.



Hardy83 said:

Of course Nintendo doesn't have an account based system. That would've made sense about 5-6 years ago.

Nintendo has to do things in a "unique" way, even if it means being a complete inconvenience to the consumer.



banacheck said:

It should not matter weather your console has been broken or gets stolen, your losing what is ever on your console at that time. At least with any other consoles you can log back into your account, and re-download your games. If you haven't got the internet you cannot make an account or use the eshop, so how is having an account the same as always-on DRM? As long as you've downloaded that game on your HDD you can play it weather online or off it doesn't matter the same applys to the eshop.



Wheels2050 said:

To people saying "just use Club Nintendo", please be aware that it's not a solution for many - Club Nintendo simply does not exist and, at least as far as I am aware, in some places that DO have it, you can't link it to digital purchases (e.g. Australia, the last time I checked which admittedly was a while ago).

It might fix the situation in the USA but I imagine Nintendo would like a single system worldwide. They will need to do something else.

I absolutely believe that an account system is necessary, though, and I simply can't get my head around why Nintendo hasn't done anything about it yet.



Spoony_Tech said:

@Wheels2050 Make it an option! Redirect any users to the nearest CN and make it available to them! It's better then what they have now and makes more sense since all your downloads instantly go straight to CN.



Mk_II said:

If your physical copies get stolen or lost in a fire, Nintendo won't replace them either even though you've registered them. That's why you've got insurance



Realgamer4life said:

So if someone sells there system with downloaded games and makes a profit. They should be able to get another system cheaper because it's on sale and re download there games they sold for free?

IMO I think everyone is always looking for something negative from Nintendo yeah they should make there hardware with a code that has to be entered like a mobile phone so that you can even use it. But then people will complain about that.. Now if your system breaks down there was a guy who reported Nintendo replaced his and gave him money to buy new games.



banacheck said:


If your Physical games get stolen broken or whatever, then yes Nintendo or any company for that matter will not replace them and why should thay. Digital games are not physical copies where you own only the disc not the actual software, and in there policy they do not state if your console has broken your digital games will be transferred.



Ristar42 said:

They need an account system of some sort, it’s the best way to protect access to the games you've bought. I pretty much have stopped downloading games on 3DS for this reason.



Spoony_Tech said:

I know a lot of factors going into if it gets lost or stolen. It's simple for most guard it with you life ie I take mine with me everywhere. I know that not an option for everyone either but just don't be careless with it. I would put a value on my xl at some where between 450$-550$ with all the content I have on it and that's not even straight dollar value. That's more of what I would sell it for if I ever did.

So in other words its very valuable to me and never leaves my sight!



snoox said:

What if my 3DS breaks? Can I re-download the games? Can I backup my memory card on my computer?



SuperCharlie78 said:

Oh Nintendo...
I've spent so many words on this matter I just don't know what to say anymore.
But there's no way I would accept to lose all my digital content should I get my console broken,or stolen, or lost, there's track of all my purchases in my Club Nintendo account.
My dear Nintendo, what the hell is wrong with you?



Captain_Gonru said:

My only experience involves a Wii belonging to a couple I know. Thier Wii disc drive died, and they sent the system in for repair. Nintendo sent back a replacement system, with my friends' account history tied to it. So they were able to redownload everything they had purchases, and only lost their saved game files.



Moshugan said:

A sort of related question:
Can you transfer ambassador status from one 3DS system to another?
I've been thinking of getting a 3DS XL but I want to retain my ambassador games. I can't afford having two systems.



Waldo-Tron said:

I had my 3DS including ambassador program games and all my physical copies stolen. Bought a new system, phoned Nintendo up and they asked for a Police report to be emailed to them and once they received that they provided me with access to re-download pretty much everything. The only things I didn't get were Excitebike 3D Classic, TLOZ: Four Swords Anniversary Edition and my StreetPass data etc of which I didn't expect anyway. The only thing that was annoying was that when I re-purchased all of my physical games it said during registration that I already had registered the titles for the Club Nintendo Stars and therefore were not entitled to them twice. Oh well, its not like I had spent several hundred pounds on them already!



Pokefanmum82 said:

@Moshugan yes you can. I have done that when I got my XL and gave my son my purple 3DS because my ambassador system was acting funny. And it worked just fine. What a system transfer does, is merge all the eShop data (from both the source system 3DS and the target system XL) on the target system (XL in your case).



MadAdam81 said:

Make sure your insurance will cover your console and any software, and keep records of purchase. My home contents insurance covers my stuff no matter where I am (even on holiday) and no matter whether it's lost, stolen or broken (even if my fault or my kids fault).
Good insurance is the best answer to having expensive electronics & software, whether digital or physical.



TomJ said:

That's why I just buy physical copies for my 3DS. I don't even have wireless internet anyway, just wired. To download a retail title at Starbucks would take 3-5 hours at least, that's the main reason I don't download retail titles, and I'm generally careful with my system, so that's not a problem for me, personally.



SheldonRandoms said:

So many times, these idiots have almost broken my 3DS, why would they do this, STOP THROWING THINGS AT ME WHILE I"M PLAYING MY 3DS

................and that explains one of the reasons why I prefer the carts over the downloads, I have many downloaded games, some that I got for free, but still, I don't want to lose them, and if we had that swell account system, then I might get the download version of a retail game (Maybe). it's reasons like this why I haven't downloaded some games, like Unchained Blades.



AtomicToaster said:

This is why I gotta go with hard copies! Even with Wiiu, if your Wiiu fails and you have to buy another one, then what? It does suck with digital only content though!



Doma said:

Just don't buy anything from Nintendo digitally, the only way to get them to even acknowledge this as an issue. I'm way ahead of most of you guys, by boycotting their DD service since the beginning (pricing is the other obvious cause for that). Old news.



hYdeks said:

I had my Wii stolen, had lots of Virtual Console games, my Club Nintendo account proved I downloaded and had all these games, but they wouldn't refund me the games in any way. Honestly, after that, I just bought a Wii Mini (to play disc based Wii games I still had) than I kinda went full PlayStation support (own a PSPGo, Vita, and PS3 Slim) At least Sony I have and ID login, and can easily re-download my games, Nintendo's way is incredibly STUUUPID. Don't get me wrong, I love Nintendo and do want a Wii U, but not until they fix this very silly problem.



gsnap said:

Really strange how many stories there are of people losing their stuff, and Nintendo still refunds them. So why is that?



haniwa said:

Nintendo of US helped me with this issue just a few months ago. My 3DS with the Club Nintendo reward games and $20 worth of eShop games was stolen and they gave me the download codes for the Club Nintendo games and even put in $20 in my new 3DS' eShop account. I'm not even a US citizen, I live in Asia and was using the Club Nintendo services since my unit was a US unit. They did shut down my Club Nintendo account since it was meant for US and Canadian citizen use, but it was awfully considerate of them to even help me with my problem at that time.



LordessMeep said:

It breaks my heart to hear this, especially since I am an international customer and downloads are the only way I can get some games (outside of importing them for exorbitant prices, of course). I have over $150 worth of content on my 3DS and I'd hate for it to break/get lost. What is even more disappointing is that the solution has already been in place for a significant amount of time and that Nintendo is getting to it painfully slowly. We need NNIDs for the 3DS already.

@haniwa - Your story sounds encouraging. Mind if I ask how you approached them? I'm from Asia myself (India, they have zero Nintendo support here) and have an NA unit with an CN account too, which is why I ask.



Dpullam said:

Taking into consideration that I have quite a few downloaded games on my 3DS it would be horrible to not be able to get them back. I better make sure I never lose my 3DS! Hopefully Nintendo will come up with a solution to this problem in the future so people won't have to worry so much.



IxnayontheCK said:

There is no excuse for this. Its another example of Nintendo not quite "getting it" when it comes to online and digital media =(



GiftedGimp said:

As when I got my WiiU i had not had any Nintendo console since the Gamecube and had heard/read about DRM rights issues if your console breaks or gets stolen one of the first things I did was email Nintendo Customer Support (uk) to see what the actual score was.

In the reply It says in the case of a faulty console I would need to send the console to be repaired and and if a replacement console was required under warranty they would transfer the Drm content.
If the console was out of Warranty then I would need to send both the faulty and new WiiU consoles to Nintendo for them to Transfer the DRM content,
In the instance of my console being stolen, I could send the replacement WiiU along with the crime number and copy fof the police report/statements and again they would transfer the drm content.

What ever the Official stance is I have an email which if I had to would definatley draw upon with Trading Standards if needed.
Looks like it was a good job I saved that email.

Are things different in the US than the UK in terms consumer rights laws I wonder and/or is it different for the 3ds and WiiU in terms of how Nintendo are covering DRM rights I wonder?



idork99 said:

True story. I'll be brief...

Lost my DSi in 2010. In 2011, when the 3DS eShop arrived, I called Nintendo to see if they could return my lost/stolen DSi Ware games to my 3DS and they explained that they couldn't do it. I was upset. In return, they offered me any physical first party game available at 50% discount. Instead of upset, I was not happy, but somewhat pleased. The End.



AVahne said:

Because of this, Nintendo needs to stop pushing digital on their consoles. As they don't have a proper system in place, physical is the ONLY way to go for them. Anyone who wants portable or mobile digital games are far better off with smartphones, tablets, and Vita.
EDIT: Though I do have a little story. In 2011, my DSi was stolen. I had a bunch of games downloaded on it. I called Nintendo and sent in all the paperwork like the police report and DSi barcode. They couldn't give me back my games, but they did give me about $53 in eShop credit for when I buy a 3DS to try to cover the costs of those lost games. Unfortunately my Wii was stolen, too, but I hadn't kept the barcode for it, so I couldn't get compensation on the money I lost on the Wii digital games. Worse still, if I HAD gotten the compensation, it could only be placed on another HOME Nintendo console. With the Wii U announced, I had no intention of buying another Wii at the time.



Shane904 said:

@rafaelluik It's in the Play Store's contract to save their butts in case something goes wrong. You can redownload Play Store games/movies/music/books on a new phone. Same with iTunes.

@CrissCross87 This is true. But imagine you have one 3DS. If you only use cartridge based games, you've lost one game and a console. Now imagine you have a 3DS with four retail games on it from the eShop. If you're in the USA, that's going to be around $160, plus the cost of the console. That's a bit of dough to lose.



thecorre said:

I gotta agree with you guys,what if my 3ds broke or got stolen i should be able to redownload my games back thats like renting my digital games and buying them again and again.



rafaelluik said:

@sak904 No it's not, the developer of the app can remove the app from the store at any moment for example, so you won't be able to download it into a new device.



DarkKirby said:

I don't really understand why Nintendo just doesn't run a account based download system like Steam and other systems. What possible disadvantage could they really have? If anything, sales might increase as people are confident they will never lose their purchases.




While I sincerely hope they are working on something to address the fundamental issues that account-tied purchases solve (i.e. theft), I can't help but be a bit concerned about whether they are doing something about it.

The closest thing I've heard about account-tied purchases is that they will allow transfers of purchases to other devices. I don't think that's good enough for the important market, and it ends up giving them a bad image.



GiftedGimp said:

eStore is still in its infancy, Its not perfect but its definatley something Nintendo will be working on as time goes by.

The first step to being able to run a download linked to user account system is setting up a system that runs directly via somesort of Network ID.
The WiiU does, however the 3DS doesn't. But with Miiverse going to 3DS will this change?
Its going to be hard to implement the Network ID system on 3DS but via a major Firmware update it is a possibility although it might be easier to release a 3DS2 which impliments fully the Nintendo Network ID system than update the 3DS.



GiftedGimp said:

@rafaelluik a app can be removed from the store but and I have know this to be the case.
However I have always been able to find/redownload apps that are not in the store via purchase/download history.



SCAR said:

I'm sure they are working on a fix. Just be careful until then.
People with broken 3DS consoles can still get their games without even buying a new console. All you got to do is call Nintendo and get it repaired. Under warranty it's free, and $80 if it's out of warranty. The warranty is renewed, and you save a complaint for the entire internet that isn't necessary about how all your games were lost when there are better matters to talk about.
As for a console being lost or stolen, they can't always guarantee that the said lost console is actually lost. In this case, an account would be required, but I still wouldn't expect account sharing like Sony or Apple. They only do that, because they release a new device every year that makes basically no difference from last year that people still buy for whatever reason. Sony has SEN and that covers more ground than just gaming devices. Gaming is a complete after thought to Sony, so I wouldn't really look at Apple or Sony for ideas when it's catered to their entire market, and not just gaming.



GiftedGimp said:

From an argumentative p.o.v you could justify Nintendo not replacing Lost or Stolen digital purchases for the veiw point if you lose or have stolen Physical games you don't walk into the retialer you brought the game from explain it was lost/stolen and they give you a free replacement.

Nintendo Drm licences do need to be linked to a set user id, as its standard practice in the digital marketplace, but arguably given Nintendo way of DRM managment they do have a reasoning behind non replacement of lost and stolen digital content.
Of course in the case of a hardware failure the should replace all digital content purchased by that user. There's no reasoning why they shouldn't as your physical games still function if used on a working console.

To clarify, I am not Saying Nintendo Shouldn't replace lost & stolen digital content.
Nintendo do need to get digital purchases linked to the Nintendo id account as soon as possible to bring thier eStore in-line with how other digital stores operate.



haniwa said:

I'm from Malaysia haha, I just went to the main site and sent a report to the customer service, then they emailed me asking for a police report and my old and new 3DS serial number. I sent the scanned report and details to them and they responded with the Club Nintendo game codes and $20 (which I wasn't actually informed on, there was suddenly $20 on my new 3DS eShop account to my surprise). I actually lost a game card with the 3DS but they only helped with the digital stuff obviously.

I'm not sure how often they get overseas issues like mine but I think it might be harder to get help with this sort of thing now (whether local or foreign) after this rep just clarified the stance on the issue, so better just keep your 3DS away from grubby pick pockets.



Aerona said:

Buying digital is bad enough already, but Nintendo's policy is terrible... it's the same price, it can't be lent out or sold, it can't be displayed, etc. and apparently Nintendo isn't necessarily going to help you when your system is lost or stolen... stay classy Nintendo.



blacKnight said:

Well this is the only downside... But on the bright side, hackers would not benefit from hacking the eShop as they wouldn't get any info of the consumers. This is what holds Nintendo from pursuing the ID thingy way. But of course! I don't want my downloaded games to be tied to my 3DS too!



LordessMeep said:

@haniwa - Ah, thanks for that. The $20 eShop cash was a nice gesture on their part. Even though there is no Nintendo support here, the good thing is that people don't know what a 3DS is here, so pick pocketing is out of the question. It also helps that I am super paranoid when carrying my 3DS around the city, so I tend to hold on to my bag like a lifeline of sorts.

@blacKnight - Hmm... never thought of it like that. But, personally, I feel that the upsides outweigh the downsides in this case, so Nintendo really should get with the times.



ultraraichu said:

Personally, even without an account based system (which would be a A+ btw) having digital copies is more safer to me than physical. I have yet to lose a handheld system in my years of gaming but have lost, have stolen, and misplace my physical games. I still can't find my mario kart 7 "under the tv stand".

@blacKnight samething I was thinking.

If anything bad happen when Nintendo released a "flawed" account based system, people would be even more flame happy or Nintendo would lose alot of money.



WesCash said:

Come on Nintendo, get it together. This is embarrassing.
No account based system? What is this, the 1800's?



KnightRider666 said:

This is stupid. Nintendo needs to DO what Sony has DONE since the PS3 and PSP. Tie your purchases to a user ID, not a system. Why is Nintendo being so damn stubborn about doing this???



rafaelluik said:

@GiftedGimp I'm just warning you to a contract you agreed on. Re-read the terms you agreed and it'll make clear they aren't obligged to make the content you bought available for download forever.



DaemonSword said:

I'm glad they are being honest, but come on. Apple has had iTunes linked to their devices for almost 10 years now, no more excuses, Nintendo. Fix this now, or at least by whatever next handheld you debut. This is sad and embarrassing. A Nintendo version of iTunes would be awesome, not sure why they have been lagging on this for so long.



GiftedGimp said:

@rafaelluik Yeh I know that clause ith Nintendo, having said that its a pretty standard clause that also is applied by Microsoft, Sony, Steam, Google Play and Amazon.
In the case of MS, it was applied when Microsoft stopped supporting xbox live on the original Xbox. It will eventually be applied to whe Ps3, 360 and Wii once each of the 3 companies decide its the right time to cease supporting the online stores and services for these consoles. i.e when the userbase is, in the companies opinion, too small to justify the costs involved in running the required servers.



cheetahman91 said:

And this is why I have no plans to ever download retail games for Nintendo consoles. The fact that they don't don't have an account-based system yet is pretty depressing. Get it together Nintendo.



KAHN said:

this is exactly why i keep telling you people to buy physical copies over downloadable copies. you're always able to sell physical copies if your system breaks or is stolen. this is why i almost never download games.



Waldo-Tron said:

@uximal Nah, nothing as it was all local to the device so had to start again with everything including Puzzle Swap and StreetPass Quest. Now if only Nintendo had cloud storage....



eleven59 said:

and this is why i wont be buying a wiiU... no customer service.

regretting even buying a 3DS and looks like i wont be getting rid of my wii for a looooong time. regretting spending a single dime on the wii VC... attn: companies, you never want your customers to regret spending their hard earned money on your product. it will and should back fire on you

seriously. only 1 thumbstick on the 3ds and no ID account system???... im sorry big N this is not being a "cool" rebel, its being poor at customer service.. stuck in the 80's are we??



QuickSilver88 said:

@Moshugan If you are in the USA you might check WallMart or Sam's club if you are a member. I was able to get a Mario XL at Walmart for 200 and had mariokart loaded on it. I then purchased Luigi and with the club nintendo promo was able to get another download game for free (i took in prof layton) so i basically got 3 great games for the price of one game. The free club Nintendo game promo ends the end of April so you will have to act fast. If you are a Sam's member you can get the MarioKart model online only and they also throw in a starter kit that has a case and some other goodies. If that is not an option then just watch the retailers as last month Target had XL's on sale for $159 and bestbuy will price match anything even legit online retailers if you take them a current printout. I bought 3ds at launch and always thought the screen was a little small....XL screens are awesome, system is thinner and lighter, and has better battery life. DS stuff looks great on it. Also the transfer is a little tricky. You have to have both systems, it will ask to move your dsi titles to sd, say yes....after the transfer you then have to copy all the data from your old SD to your new....any content you already had on the new SD you will have to re download. It is a little cumbersome but everything will get moved and even any eshop credit you have will be transferred. You will not be disappointed by the XL....its the system they should have put out from the start.



QuickSilver88 said:

What $ony does works well. You can activate two ps3, psp, vita per PSN account. Once you activate a system then any downloads tied to that account will play with it offline. If your system gets lost or stolen and the 2 times a year you can deactivate all systems to get your 2 activations back. If the loser who stole your system logs on to you psn account then it would deactivate that system and they couldn't play your downloaded content. Believe it or not they used to allow 5 systems but probably realized that wad being abused. 2 seems fair as I do have 2 ps3 and 2 psp and a Vita so for things like music and movies I get to access them on all my systems. Nintendo really does need to utilize club Nintendo as most of us already use it and have it tied to our eShop accounts. I really rarely buy full releases digital as I want permanent copies so like my carts and discs. Some one else's advice on home insurance is good but the problem is most people have at least a $500 deductible so if a single system is lost or stolen won't be worth it to make a claim!



GraveLordXD said:

I pretty much given up with Nintendo and their idea of online the wii u is horrible trying to connect to WiFi it's a joke it works when it wants funny because every other device in my house works fine



QuickSilver88 said:

LDXD....both wii and wii-u seem to have weak wifi can get a cheap usb to lan adapter that works well if you can get a cable to your console...rocketfish makes one you can get at bestbuy for $15.



GraveLordXD said:

@QuickSilver88 yeah it seems like that's what im going to do I just hate to run a Ethernet cable on my floor all up in my hallway, I may look into a wifi booster Im just hoping that it's just a week signal and nothing more



tanookisuit said:

@PinkSpider Already alienated. I quit buying all releases on the Wii after Onslaught and My Life as a Dark Lord came out and on the DSi I stopped other than what I got for free earning/gifted gift cards with points. I have a select few things for the 3DS and WiiU just the 30 cent titles so far, and crap like this keeps me from buying far more things I really do want because of policy alone.



Shane904 said:

@rafaelluik That too. However, if you had a copy of the apk, and assuming it had Google's built-in anti-piracy, the app would still work. Of course you'd need to be logged into that account still.



mullen said:

FYI: This post is about the situation in China. Somebody may know that N3DSXL is call as I3DSLL in China (produced by Nintendo, but for certain law reason, released by another company with another name). Every I3DSLL is pro-installed with MK7 and SM3LD (you can find the news on this site), but there is no eShop on the console: there is no such online service at all. Thus, if you erase your games from SD card, there is no way to recover it. There is a rumor that if such thing happens, you can send the system back and they can install the games for you. However, since every system comes with that 2 games, they don't need to identify whether the games are tied to the system.



8bitforever said:

I won't buy any eshop games as well until this is fixed. I have a Psvita and it allows you to back up all your bought games on your PC as well as redownload them if you want. I can even move things through my wifi. I love Nintendo but if they don't fix this then I will continue to give Sony my money because they are doing it right.



DaveC said:

That is the main reason I won' touch a digital game if a cart is available, and I very rarely buy any e-shop game. Then there is the fact that transferring is a hassle, and with this restrictive DRM you really don't own the game, you rent it for as long as your console works. There is no lending, no resale. If in 10 years I want to go back and play a game (like many do with SNES etc) I won't be able to when these games/3DS are no longer supported by nintendo and I have a different unit.

DRM is too restrictive, and too many ways to lose your stuff. If I lose my 3DS with a cart in it I lose the system and one game. If I lose a 3DS filled with all of my digital games I lose them all. No thanks.



gundam00 said:

We all agree this needs to be remedied.

Now, what should we do in the meantime? Is making a backup copy of the SD card on your computer enough of a placeholder? If you replace your 3DS and upload your back-up content to the new SD card, can you play that content on the new 3DS?



DaveC said:


Of course that won't work. If that did you could just copy all of the games to a bunch of blank SC cards and pass them out to everyone! All digital games are LOCKED to a single console and only work on that one. If it broken or lost, you lose!

Just don't be so lazy, avoid digital , that is the only way they will fix it. Changing a cart after you beat a game is no major workout!



DaveC said:

@eleven59 "seriously. only 1 thumbstick on the 3ds and no ID account system???... im sorry big N this is not being a "cool" rebel, its being poor at customer service.. stuck in the 80's are we??"

The solution is simple for the no account thing, buy physical copies! "problem" solved.



Henmii said:

They still don't get it....(shakes head)!
And seeing as Nintendo goes all out on downloads, that's very worrying!!



Vorgot said:

My 3DS was stolen, reported to the police and my insurance company. Nintendo did let me download the Ambassador games again by letting me grab the license (this took months by the way), but all my paid for downloads were lost. They provided a list of what I had bought so that I could tell the insurance company and claim it back, but thats a shoddy solution AND required intervention on their part. Link it all to an ID and we could re-download automatically without using their time. I then had to sell the replacement as I lost my job, and when I do get a new one (once I have the cash again) I can't download stuff I paid for, or the ambassador games. Thats crappy. Meanwhile when I get a new Vita, everything is waiting for me to download, including all my PSP downloads.



blueeaglewombat said:

@Vorgot That's a shame they wouldn't transfer your purchased content. In my experience with Nintendo, they went out of their way to transfer my WiiWare and Virtual Console purchase from a stolen Wii to my new one.

I had a Wii stolen out of my apartment, along with other things like a DS and all my games. Now, I never expected Nintendo to transfer my titles, I called Nintendo Customer Service to report the Wii stolen and to have them deactivate my Club Nintendo account link and WiiShop account so the person who stole it couldn't make purchases. But, after they reviewed my Club Nintendo history (all your WiiWare purchases are stored in Club Nintendo if you link it to the system), they went out of their way to get my downloads transferred over to my new Wii. I did have to obtain a police report, which luckily I had done prior to calling Nintendo. They deactivated my old Wii's account and the Club Nintendo link for me while on the phone and asked me to fax over my police report, so they could begin the process of transferring my content.

Within 24hrs, and on a Saturday no less, I received a call from Nintendo's Customer Service agent that was helping me. He walked me through setting up the WiiShop on my new Wii, and I was able to download all my content.

Now, i agree this isn't the ideal solution, and it may even be I just got the right agent at the right time. Or it may have been because I had over 30 WiiWare titles and Virtual Console titles downloaded. But they went above and beyond what I was expecting.

I would suggest that if this ever does happen to you, get the police report and give them a call. They can remotely deactivate the eShop account so nobody else can use it, and they will probably do everything they can to accomodate you.

Ideally though, we need the solution many have described above. All our content should be linked to an account, and we should be able to download that content on new devices. I do think though, for Nintendo's part, it's okay to limit the number of active devices to 1. They already have this setup internally, its through Club Nintendo.



blueeaglewombat said:

Also, for those that think the problem is resolved by just purchasing physical copies of the games, if your device is stolen, most likely you will have your games stolen as well. Especially if it's from a burglary of your home.

And if you lose your device, you have the same problem of losing the games with the unit. Don't most people carry some of their games with them in a carrying case with the unit?

If you really want to avoid this situation, the easy solution is don't lose your device or let it get stolen.



Vorgot said:

@RADencker Are you in the US? Sounds like you got great service there. I'm in the UK and it took me a lot of effort to get this sorted. I had downloaded about 15 games from the 3DS eshop, made no difference. Glad to hear you got a decent service though



Windy said:

OH well, even though we have a record of what you bought, it's not covered Now that's customer service right there



blueeaglewombat said:

@Vorgot yeah, i'm in the US. And it could have been just good luck on my part that I got a sympathetic customer service rep. Sorry to hear you didn't have a good experience. Hopefully Nintendo will be paying attention to the campaign underway to get them to move to an account based system for downloads instead of system specific.

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