So, Just to give my two cents about this situation
@Aurora Wright .
As i told earlier to
@Crystal the Glaceon on another poll thread, when the ban-wave began, i decided i wouldn't want to risk it with my N3DS due to being the only one functioning, but since i made a "recount" of the units that have passed on my hands, and thus, having some "bullets" to spare, i decided to test if i was indeed hit by it.
I started right now with the system on 11.3, but having installed BS9 recently a day
after the ban-wave. A friend right next to me was banned that day, and that, along with the readings of the forum had me a little skeptical to enter and test. Today, i tried to connect with my N3DS to Sm4sh to see if the console got affected, and fortunately, it went through.
Of course, after a fast "for glory", i closed the app, and i quickly tried to enter Eshop, and without any hesitation, the system prompted me to update.
I was suspecting that Firm 11.4 would have something to detect alterations (so far, nope) as the ToS was slightly changed about the emphasis of "severe unnofficial software detection", but i updated.
The result?
Not banned
The curious thing here is that, upon writing these after the update, i entered Freeshop for just some time, went sleep mode on it, closed, and then tried to play sm4sh (got my revenge with Pacman though)...doesn't seem to have any problems with that. Same for Eshop as i'm testing it whilst i write.
I had all the options unfortunately enabled, but i disabled those sharing options after the ban-wave, in order to lay low profile.
I don't know what exact part of data is causing the ban, but it seems that they targeted "randomly" the people for the banning. Or at least, that's what i'm gathering from all of this. Are they or have they gathered info from systems? Most probably, but skimming over 66 million of systems seems way too exhausting for Nintendo to do. I may be wrong, though, and they may have created some sort of algorythm to detect, but we've yet to see that...
What i can say, nevertheless, it's that there's rumors from some banned stock consoles here in mexico from a famous store. Info on it is scarce, but what i heard on groups on facebook and forums is that at least one stock N3DS with a game predownloaded was banned under this banwave, and that such store was pursuing legal actions, as the console was...well, sealed and new.
I'll try to dig more info about that later on the day.