Nintendo's Ridiculous DRM

Now that the 3DS eShop is open, the much-awaited System Transfer Tool is available.  But, as with anything Nintendo, things aren't always as easy as they seem.  Upon launching the transfer tool, I was pleased with the option for custom transfer.  I can (theoretically) select which games I want to transfer to my 3DS and it moves the game and license to the new system.  Game saves are not moved.

Much to my surprise however, is that certain games are not-transferrable.  No explanation is given by Nintendo.  I paid for and enjoy Pinball Pulse, yet i'm not allowed to bring it with me.  Why?  Online forums speculate this is because the game and/or company is no longer available.  So what?  This wouldn't happen with a physical game, and in fact would probably increase its value.  Now I'm stuck.  Will Nintendo offer me a refund on the game?  I will call and find out.

The "games are tied to systems not people" issue is still as annoying as ever on the Wii platform.  I own even more WiiWare and Virtual Console titles and as of now, they can NEVER leave my Wii.  I bought the Wii at launch and the drive is starting to go.  What will I do?  I also had considered purchasing a black Wii but had to reconsider since I'd have to leave my games behind.

Now that the new Wii has been announced, I really hope Nintendo reconsiders their policy on digital rights.  You know who I am, I log in and tell you.  Let me register my devices and play the games me and my kids love.  Until this is sorted out, I just can't take Nintendo seriously.