Can Digital Distribution and Game Ownership Coexist?

Since the Wii was introduced, Nintendo has dabbled in digital distribution, digital rights management (DRM), and downloadable content (DLC) with the Wii and DSi. The WiiU and 3DS have brought updated versions of Nintendo’s digital distribution platform to generally good effect, but are there additional steps that could be taken to engender more confidence in Nintendo’s brand and trustworthiness?