Remember how Nintendo screwed everyone with a DSi over who either bought a new DSi or moved over to the DSi XL? No. Let me refresh your memory.
Turns out that all of those digital games you purchased were tied not to your bank account, or the hard earned money you spent to get the games, but rather to the particular handheld console you used to purchase the titles.
But they're digital Kotaku! Yes, we know, but unfortunately Nintendo didn't seem to completely get one of the chief strengths of that particular format, well at least not until now.
The 3DS, when it hits early next year, will apparently allow you to transfer over those games your purchased on your DSi or DSi XL.
Nintendo says that it is possible to move the downloads from the DSi and XL to the 3DS. It is also possible to move DSiWare, they say. They don't mention anything about DSi to DSi transfers or DSi to DSi XL transfers, which leads us to believe that those folks are still out o luck.
Also Nintendo notes that there is a restriction to the number of times that data can be moved and that not all software will be movable. Fantastic!
We've hit up Nintendo of America for clarification and will update when we hear back with anything other than "Nintendo doesn't comment on speculation rumor, or statements made by the president of our company."