We appreciate your concern on this issue, but at this time, we have no information on what form a solution may take. As this game was published by Atari and the decision is theirs on how to proceed, I suggest keeping in contact with them for the latest news and announcements.
Nintendo of America Inc.
Nintendo's home page: http://www.nintendo.com/
Power Line (Automated Product Info): (425) 885-7529
Since Nintendo's wording is "what form a solution may take," I draw two conclusions from this. First of all, this indirectly confirms (again) that a solution is plausible (such as the solution Nintendo gave Atari). But, more importantly, a possible downloadable patch is not denied. If it were not possible to release a downloadable patch, Nintendo would have said so. Since Nintendo didn't declare it impossible for a downloadable patch to be made, it would hold to reason that it is, technically, possible.
I wish that I had more information, or a positive report, to give you, but this is the only word I have for now.