Past 2DS/3DS purchases aren’t lost yet. Nintendo shut down the ability to buy additional games or DLC on it several years ago but the servers to handle logging in, redownloading “owned” digital games, and downloading update patches are still running.

And, even when those servers are eventually killed (for either 3DS or Switch), any digital games already installed on a system will still continue to work as long as your hardware does. Unlike a lot of PC games’ DRM that requires either constant or occasional check-in with license servers.

Of course, that’s still not proper ownership, as you don’t truly own something you bought unless you’re able to freely transfer your purchased data between different devices you own without seeking the publisher’s permission (or relying on DRM circumvention) and able to transfer ownership through loan or resale. But understanding the actual implications of any restrictions still matters.