Nope, Nintendo will have no idea of this, they dont watch the progress of their newly released wi fi service. Good choice, like microsoft just turn a switch on xbox live and leave it at that.
Everyone complaining to nintendo europe wont help. Of cause they will be aware. Like someone mentioned, this is nintendo's first full try at a proper games console online so yes it is like teething problems, it will be likely to get better and improve, its just a matter of all the networks and such and the amount of people playing.
If people are going to trade it in then fine, waste your money, you wont get much for a used game. . .
It still has good normal multiplayer and a single player campeign >.<