Well in typical Nintendo fashion they have gotten the problem fixed in a relatively quick time frame. So if you want to download some games now you can. Nintendo confirmed that the Nintendo E-Shop is now up and running on all systems, including Wii U and the 3DS. The company says it will continue to monitor the situation, even though it doesn’t anticipate any further outages.
The Nintendo E-Shop Is Now Back Up And Running On The Wii U And 3DS