There's a lot more detail on All About N-Gage about this story - they're the ones that broke it, the BBC's story is just a summary.
Incidentally, the EULA says "Content shall be... limited to one private installation on one N-Gage compatible Nokia device only", I can't see anything saying "forever", so it doesn't appear to preclude transfer.
“At a glance -- particularly as a non-Storm user -- you might say "wait a second, that's just a Storm." And in reality, you wouldn't be far off with that assessment.”
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There's a lot more detail on All About N-Gage about this story - they're the ones that broke it, the BBC's story is just a summary.
Incidentally, the EULA says "Content shall be... limited to one private installation on one N-Gage compatible Nokia device only", I can't see anything saying "forever", so it doesn't appear to preclude transfer.
http://www.allaboutngage.com/features/item/Nokia_When_you_upgrade_to_a_new_phone_you_will_lose_all_your_N-Gage_games.php