It matters because Nintendo is selling this as an online game and is requiring you to have an Internet connection
Bzzt. Wrong. The DS merely requires you to FIND an internet connection, via an open wireless hub which city dwellers are bombarded with. You actually don't have to have one in your house or anything.
in order to gain content that has already been created and is already on the ds card.
As opposed to what? Items arbitrarily withheld from the final release of the game and then released or... good heavens...
sold? I'm still not seeing the issue here.
By faking that communication, (in this case, pretending that someone is sitting around coming up with new puzzles for Layton), Nintendo is being disingenuous about the games online functionality, and is flat out lying about their commitment to downloadable content.
Bzzt. Wrong again. Last time I checked LEVEL 5 developed this game and Nintendo only published it in America. This is how it was done in Japan and there would be no reason to waste any money or time to change it, especially considering Layton was sort of a risky title to release here. Nintendo should not be held accountable for the DLC shenanigans of a third party. And it's a stretch to use the Online policy of LEVEL 5 (who is separate from Nintendo) to apply it to Nintendo's DLC promises. First off, AGAIN, Level 5 made the game. Secondly, one game is not the entire schedule of all future DS or Wii games.
This story is, in fact, quite unimportant, and its intended message of "WE'RE WATCHING YOU, NINTENDO" will only cause Nintendo look confused and Level 5 to laugh at Nintendo taking the heat for something they did (which hopefully leads to a closer relationship). Seriously, unless you paid for it, there is no reason to be angry and to have a problem is really nuancedly trivial. Also, Nintendo already released a few games on DS that have not only DLC, but USER-CREATED DLC, in the form of puzzle maps for Mario vs. Donkey Kong 2.
It's just silly, to be honest.