some DSiWare will NOT be transferred when you use the transfer tool
here a list of game the can't be transferred
updated list
Source
here a list of game the can't be transferred
updated list
QUOTE said:What DSiWare games can be transferred to the Nintendo 3DS?
The functionality to transfer DSiWare from a Nintendo DSi to a Nintendo 3DS will become available through an update planned for the evening of June 6 Pacific time. All DSiWare games currently available will be able to transfer with the following exceptions:
Asphalt IV
Earthworm Jim
Flipnote Studio*
Let's Golf
Nintendo DSi Browser
Oregon Trail
Real Soccer 2009
Real Soccer 2010
SUDOKU MASTER
SUDOKU SENSEI
Sudoku Student
*Flipnote Studio cannot be transferred to the Nintendo 3DS system. Nintendo will be developing a similar application for the Nintendo 3DS.
old list
QUOTEWhat DSiWare games can be transferred to the Nintendo 3DS?
The functionality to transfer DSiWare from a Nintendo DSi to a Nintendo 3DS will become available through an update planned for the evening of June 6 Pacific time. All DSiWare games currently available will be able to transfer with the following exceptions:
Art Academy First Semester
Art Academy Second Semester
Asphalt IV
Crash-Course Domo
Earthworm Jim
Flipnote Studio
Hard-Hat Domo
Let's Golf
Nintendo DSi Browser
Oregon Trail
Pinball Pulse: The Ancients Beckon
Pro-Putt Domo
Real Soccer 2009
Real Soccer 2010
Rock-n-Roll Domo
SUDOKU MASTER
SUDOKU SENSEI
Sudoku Student
White-Water Domo
Source