this post was submitted on 07 Apr 2025
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Transferable licence.
They can be sold, gifted, inherited, etc.
That inheritance is going to be on a pretty short timespan, since 3DS and Wii U online services and downloads are already gone.
It is still possible to redownloaded previously purchased 3DS and Wii U games, they haven't taken that down yet. You just can't buy anything anymore. They haven't said how long they'll keep that up for, their FAQ simply says "for the foreseeable future", but we know it can't be forever and ever and ever.
Wii downloads went fully offline in 2019, 13 years after the console's launch, or 7 years after the console's successor. I wouldn't try to extrapolate off a single data point though, Switch servers may potentially last longer based on both a longer console life-cycle and a desire to keep backwards compatibility going.
The 3DS and Wii U eShop was available for more than a decade, a full 6 years after the Switch was released. So all in all I'd say it was available pretty long, especially considering that there was no authorization required to download a game, so they were paying for servers to give away games for free
I think an inheritance should probably last longer than a decade. This is still an arbitrary expiration date that's bad for the customer.
Okay but NES games are still playable and transferrable. Even earlier games for the first gen consoles like the MagnaVox Odyssey are still playable, and those are far older than one decade. And if it suffers physical damage, even to the point of becoming inoperable, as long as you dumped the ROM of your game you can continue to play it (at least in the US).
If a ditigal game shop server goes away, you better hope you downloaded your data, and that the hard drive you downloaded the data to never becomes inoperable. Because once that happens, it is gone forever. Even if you technically legally still have the license still to play it, if you tried to bring a legal case about being unable to access a game you paid for, the game publisher can just invoke their right as granted to them by the EULA of the game license you are forced to agree to to use their software (shrinkwrap license) to "revoke your license at any time, for any reason."
Much, much harder to do that when someone owns a physical copy of a game, as that would require forcibly removing the physical game from you (AKA theft).
outside of the official service, there is actually one other feature that people forget exists, and would be relevent to the resell of the key.
updating by local user (no not the recently announced game sharing stuff, but the ability to update a game via just being near a device with the update)
edit: of course, this will only work if nintendo okays the transfer of the BASE game instalation as well. time will tell if its possible or not, as its a situation thats functionalyl hard to test.