Nintendo having a weirdly slow reaction time is nothing new. For a long time it was possible to pirate 3DS games by downloading them directly from Nintendos CDN

Nintendo having a weirdly slow reaction time is nothing new. For a long time it was possible to pirate 3DS games by downloading them directly from Nintendos CDN, because the authentication tickets needed to download from it weren't tied to any specific account or console and could be shared freely, and they allowed that to keep happening for years before reworking the backend to add a check that you actually own the game you're trying to download. They ignored that for so long that the 3DS was almost EOL by the time they fixed it.