Yes, granted (and, yes, I didn't do any research for the whole "setting 3DS region to Japan", I just replied to the post above ^^) .
But still, let's all admit: this is solely Nintendo's fault, they messed up. They were the ones who chose the release date, knowing full well what time of year it will be. They made a feature that could easily have been taken offline (the Gen 5 -> Gen 6 transfer itself) so that it requires internet connection with absolutely no benefits from it. They announced this service months ago, yet did absolutely nothing to prepare for the heavy traffic increase that would come with releasing the service during winter holidays. I wouldn't go as far as to say "This is Diablo III/Sim City all over again", but we're more than halfway there.
People can try to justify the situation any way they want, but it doesn't change the fact that Nintendo messed up.