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I just think people are reading way too much into a piece of a sentence that has been translated for another language. As pointed out you can dl in the back ground on the 3DS, so why would Nintendo take a step back wards and not allow it on it's home console. Plus as some have pointed out the speeds are still very prohibitive so if it is the same price going to the store and buying the physical copy and installing it to storage would be a better use of time and bandwidth.