If this were a software issue I would agree that it should be fixed by now and available to all users. From the failure to Nintendo stating they are stress testing, and bank working for the couple hundred that downloaded it before the crash all leads to a hardware issue. This is the worst possible scenario as because this is also the most expensive and by that I mean to the tune of six digits, and the most time consuming. This would be a great time for Nintendo to contact a third party hosting facility and have a couple of lawyers draw up some paperwork for a contract. This is how most large companies would do it, but nintendo has always in the past wanted to keep their stuff in house which is not always the best idea.