This week, Nintendo announced that they would begin to start selling digital copies of retail games beginning with New Super Mario Bros. 2 and while their initiative is not without merit, it is still behind the curb in one major respect.
Whenever you download a game on the app store, you get to re download that game for free whenever you get a new phone; whenever you download a game on the psn, you can re download it free of charge if you get a new psp or ps vita, but that's not how Nintendo rolls. See, the downloads will be tied to the hardware, meaning that if you download a game on your 3ds then lose that 3ds or it gets broken, or you decide to get a new 3ds model, there is no way you can transfer the game for which you paid for from your old 3ds to your new one. To me, this shows that friend codes are not enough, Nintendo needs to implement an account system like Microsoft's or Sony's. This situation is far from optimal, and Nintendo is only hurting themselves in the end; why would anybody want to buy their games online when they know they would be charged to play that same game again when they switched systems? Everyone else has better models of doing this, Nintendo should not be allowed to get away with such a crappy model that basically rips off and punishes those who will buy their games digitally.
The thing that was of merit of their initiative is their approach to the pricing issues of digital downloads. I think the Vita had the right idea by having their games be 5 dollars less on the psn than at retail, but it is not enough. The prices on psn are not flexible enough and sometimes one will see a game worth 20 dollars at retail going for 40 dollars online. So, Nintendo decided to try to get around this problem by allowing the customer to purchase a code to be allowed to download the game from a retail store, what this means is that if a store deems a game to be worth 20 dollars and it is 40 online, you can go to the store and buy it for 20 and get it digitally. In theory, this is a good idea, but it is a counter intuitive way of resolving the problem. The reason it is counter intuitive is because the reason why people pay to download a game is for convenience; people like having the option of downloading a game because they do not want to have to go to a retail store to buy the game, they can simply download their game from home and cut out the middleman, but Nintendo's resolution to the pricing issue has the customer who would have bought the game digitally go to the retail store, thereby eliminating the reason why they would get the game digitally in the first place. This is an interesting way to handle a legitimate problem, one that not only Nintendo will face but one that the Vita faces right now but I think that the answer lies elsewhere.
While Nintendo is taking a few steps forward in the right direction, it is clear to me that their tentative and slow acceptance of online in general will continue to leave them behind the curb for a while.