What exactly is broken on the Wii U? Is there any feature that doesn't work as intended? Long load times does not equal broken software.
At launch there were lots of things not working without a update. Even now I have a Nintendo TVii button with zero mention of the feature actually being implemented in my region.
Wii Mode is broken in that there are zero Wii Settings in the mode so I cant adjust ANYTHING about the system. Colours are worse and I'm sure the framerate is not 100%. PAL Wii U. So there are a number of issues.