There's a lot of blame to go around. Nintendo seemingly not supplying the demand artificially which fuels the scalpers, their poor preorder requirements for retailers distributing their products, and lastly, their horrible communication skills with their fans.
Those are the main factors that fall on Nintendo's shoulders but as we all know, the blame doesn't stop there. Online retailers have done very little to combat bots and scalpers. How many online retailers use a Captcha system in order to kill bots from sniping, or when they can, securing mass amounts of limited goods to sell at an inflated price on the secondary market? Then you have retailers like Game Stop and Think Geek that might as well be lumped in with the scalpers with their practice of holding stock back to create inflated and expensive bundles that no one actually wants but pay for any ways.
This is a small issue in the grand scheme of things, considering the world's problems, but it's also an example that when it comes down to it, the main theme dominating here is greed and a lack of appreciation for fans and your customers, the very people that keep your business a float.
Lastly, we can blame ourselves. The tactics work. And each and every time we find ourselves resembling zombies, trying with every last breath to secure that new and shiny thing that has been artificially made scarce, which only enables all of this to continue. Some of us probably wouldn't even blink an eye or care if these products were made readily available. I know I wouldn't or at least not to the degree that I do.
Hopefully something changes at Nintendo and with their partners for the better. But until people get them to take notice the only way big companies know, with their wallets, why change a system that seems to benefit your brand with all the press and hype these situations produce?
My two cents, at least.