Did you deal with them directly or did you return it to where u bought it? Please let me know.
Probably the top screen is not defined as a component that is subject to wear and tear, like a touch screen.
Overall I was totally pissed off with them, they even lied on theirt repair sheet to cover themselves incase I went aheaad to consumer affairs.
The repair sheet stated that the touch screeen was phisically damaged, but when I compained over the phone they sated it was a crack in the circuit board in the top left hand corner.
I got mine from KMART, who sent it on to Nintendo. Ive talked to my local EB, any future DS's (my nieces want them for XMAS) will be purchased there, as they swap it over imediately (assuming the screen is not acually physically damaged, which it wasnt) and let head office deal with Nintendo Australia.