Nintendo’s policy with digital downloads has always been less than favorable. When a concerned aunt of a young Nintendo 3DS owner wrote to Nintendo concerning their the digital content owned by users with lost systems, a customer service representative reaffirmed their policy.
… I was wondering, should I lose or have my 3DS stolen, is there any way to retrieve the games that I’ve purchased on the eshop? I am curious about your policy on this, and especially when so many young kids play 3DS and could potentially lose them. I know on the iphone and PSP, you are tied to an account to which you can retrieve your games. How does it work for Nintendo? Should I be worried about buying my little nephew eshop points?
Customer service representative from Nintendo of America: Thank you for writing. I’ll be happy to answer your questions regarding virtual content on the Nintendo 3DS. 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. …
Of course, this policy is incredibly outdated. Head inside for more!