According to the Nintendo of Australia representative, the publisher is able to transfer DSi Shop content from one device to another in the case of a product malfunction. However, Nintendo said that gamers would have to send in both the inoperable system and the new DSi in order to make the content swap.

Nintendo of America had not responded to requests for comment as of press time. However, the policy is in line with Nintendo's End User Licensing Agreement, which can be found on the publisher's Web site. According to the additional documentation, "software downloaded from Nintendo DSi Shop is licensed to you, not sold," meaning that those who purchase content through the online store do not have full rights to, or even actually own, what they've bought.