Answer #1 to your poll is ridiculous. As someone who implements applications that are then used by millions of users a second, you MUST set your system to handle scaling. For us, its knowing our CPU utilization and adding hosts as needed. There should be no reason Niantic and Nintendo cannot afford to scale the game. If it is due to core game mechanics and not fleet size, then there is a bigger issue that will take time and I can only hope is their primary engineering focus.

Noooo. Its the opposite way. 

But yea, the footstep glitch and the nearby list bug need to be fixed immediately. They are the major component to the " get off the couch and find that Charizard" hunt. When these features aren't working I am not inclined to do that. Its a crapshot, needle in a haystack. One of my eggs disappeared when I met step qouta. C'mon!

google invested in the tech much earlier though (niantic was part of google some time ago and they made the game ingress).

Where did you found hte information the pokemon company is the publisher? they never publushed a game before, i doubt that.

I also doubt niantic has servers. They are a (small) developmend team. They dont have servers. The game is probl using any third party servers (like amazon etc).

The offical pokemon apps (Pokedex, Shuffle, and a few of the smaller games) to this point have been published by the Pokemon Company and not Nintendo. And if you ask Google "who published Pokemon Go" the answer is the Pokemon company. So the pokemon company has published games before. Most of the game's problems though are Niantic as the developer and the one who has the servers.

The problems with the game is essencially two different things.

1) How the application handles the incoming and out going data. The more people in the area and the higher density of gyms/pokestops seem to cause the application to stutter and sometime shut down. Especially if you have an older device, my sister has an older pad and when there are a few pokestops that crop up at the same time it usually causes the game to crash.

2)Log in server(s) are overworked and cannot handle the high log in peroids. I'm guessing but they probally have a simular set up as Blizzard does for Wow. And with each expansion you can expect one thing, the log in server will have long waits and sometime not even let you in. And they just don't "scale" for the maximum because usually interest dies down and getting additional servers that will not be used again is wasteful. And while they can "rent" servers there is a security issue, especially for log in servers since its the gateway to the user's information.

The game is supposed to be releasing region by region, but everyone can download the app regardless of region unofficially, so in part of the blame is of the impatient users screwing over the other ones.

From what I understand is Niantic is responsible for developing and running the game. The Pokemon company and Nintendo are in charge of funding and directing where and how the game should go.
I don't know iof Niantic has thier own servers or not, but they were using servers with their previous game Ingress (which is what Pokemon go tech is based on). There are companies like Google and amazon that have servers and provide services to developers. It's most likely Niantic is using google servers.

*Edit*Yes, Niantic is indeed using Google Cloud to host the game

There are also hacking groups claiming to be causing the server issues. Because they claim they know security flaws in the games and its servers and want to "work" with Niantic/Poke Co/Nintendo as "consultants" in closing security holes.

Is it Nintendo's fault? Probably technically no, but the answer is Yes along with The Pokemon Company. Just like if a unit in an army does something wrong, it will be the country and its leaders who will be held accountable.

It runs perfect for me. Hasn't frozen on me in days XD worst thing thats happened is the steps glitch

So if I understand in the Pokemon Go world:

Profits = not for Nintendo
Faults = it's Nintendo

?
Wouldn't this be a problem for Niantic and Nintendo?

Seems more like niantics fault than Nintendo's.... Having said that... It has been over 2 weeks. They should get together and get something sorted out.

Not sure what any of those things have to do with the actual topic, no pro controller support for Mario & Sonic is kind weird though, chat in Splatoon has been adressed to why they dont have it and Zelda games have been muted since forever. 

And no, Nintendo is not the publisher of Pokemon Go.