The lady from Nintendo was very helpful. She said it is legal, but that the admin's would love to hear about this. She took FYE's name, Phone #, address, the manager I talked to, the corporate guy I talked to, what time I talked to them, what the phone numbers I was given were, and what time Nintendo could reach those people.
The most telling question was when she restated my complaint.
"So, they would not let you buy the DS without 2 games? Right?"
Me: Yes, you are correct.
Lady: So let me get this right, there is no way that they would have sold you a DS without 2 other games.
Me: Yes, you are correct.
We will see. But I doubt I will ever hear anything about it.
Matthew