

3ds games do not pass the “hammer test” of digital product resiliency. They aren’t even properly tied to an account. If I smashed your digital-purchase-laden 3DS with a hammer, or threw it off a bridge, you’d never legally get those games back again. Even buying a secondhand 3ds with the right games installed (as legal purchases) violates the license terms.
currently, while the servers are up, the Switch passes the hammer test. Buy a new Switch, sign in to your account, re-download your games.
Note that neither of these are true preservation because the threats to game preservation are more varied than “smashed your console with a hammer”. And also that physical copies are borderline meaningless in an era where the majority of games have DLC. If I hammer-test your 3DS but you have Smash as a cartridge, you’re still never gonna legally play as Cloud Strife again.
The Wii, 3DS, Wii U, and Switch all got hacked thoroughly before the console’s end of life and thus the legal preservation situation is mostly irrelevant, but the currently ironclad Switch 2 is a ticking time bomb.




Yep, the only resilient form of preservation is digital files stored in multiple locations with no DRM. No account system redownloads, no piece of plastic and metal. Only drm-free releases or pirate copies