Games being tied to the system is untrue Nintendo has something in the 3ds settings menu called nintendo Dsi to 3ds transfer and 3ds to 3ds transfer. It was just announced that people looking to buy a 3ds Xl will be able to transfer all their virtual console and e-shop games + their e-shop account +photos, music, Mii plaza and everything else.
I dunno why you think the games are stuck on the system, and by the time the wii u comes out Nintendo will make available software on Wiiware to transfer all your purchases from Wii over to the new Wii u account system (except certain games that publishers do not have licenses for)
I already posted about the account system. The thing is that it is not out yet. If we are going to respond to things Nintendo hasn’t yet done (or games that haven’t come out), we might as well throw in Microsoft and Sony’s unannounced and unreleased systems as well. If I am going to ignore them, since at the moment they are imaginary consoles, then I am going to ignore everything else that isn’t out or unannounced yet.
As it currently stands, if your 3DS gets dunked in a pool or ran over by car, all your download games are destroyed along with the hardware. So I see it is justified to say the download games are currently tied to the hardware.
NOA says that will change one day. When that day comes, I’ll reassess things. But I can only respond to products that exist today.