My ex GF bought $400 worth of random crap on PSN from her playstation (with my account loaded on it) a couple months ago to spite me. I knew Sony doesn't give a damn about refunding my money, no questions asked, the answer is NO. So I openened a fraud case on it through my bank. After some time, my fraud case was won, I got my money back, and Sony, bitter as all hell, banned my account with all of my digital goodies.
I started to get upset, but before that emotion could even manifest I let out a breath of air, and reflected upon the personification of that breath. Because I already knew deep down, that losing those games and content, was like losing an exhaled breath of air. They are both weightless and are worth nothing.
Digital games are a joke to me, I understand why Nintendon't care. In the future I will treat digital games like cel phone apps. Real purchases need real value, and to me, that's only in a physical copy. So I say who cares OP, take this opportunity to relenquish their mirage of a grip on you. All our digital games will be gone one day, they know this and thats why everything is so cheap.