Your arguing semantics at this point dude, whether you download a literal access code or data is simple read and then unlocks in-game content, it's DLC. It's content locked behind a pay-wall.
It is semantics. A pay wall is not a binding contract or an obligation.
Laws vary from country to country but in the United states the
Magnuson warranty act ensures as a right to modify or repair
ANYTHING you damn well want.
The whole concept of the pay wall in this situation, that requires you to only deal with Nintendo violates the act. You can't legally tether a product to your company and require that people only buy "Maintenance or services" from you.
This is why Printer company can't stop third party print cartridges for example or you can go to any mechanic you want or buy car after market car parts.
If Mr Coffee puts a pay wall on the power button on your coffee machine and you take a screw driver and pop it off
that is not illegal.
Just because multi-national overlords want to try and play games with copyright & IP does not mean it is a matter of law or binding if it is with in your means to circumvent it.
But personally I'd rather just stay on topic instead of imposing my ethics on someone else while being ignorant of the basics of fair use and consumer protections.
If you are going to give someone a lecture try knowing what the fuck you are talking about. And if you really need to advocate a position billion dollar corporations already have all the advocates they need. Stop treating their
ARGUMENTS (not facts) like gospel or settled law.