GW already went with lesser methods.
First just basic encryption/obfuscation. Making the red card required, randomly deleting saves (this one may have just been clone incompetence). Nothing happened. Most clone users were happy to wait.
The r4i/orange/3dslink users just carried on shitting up the forums with what was essentially "lol, my clone has the same features". The brick code however, killed the clones, done. Never to be updated again. It wouldn't seem that the incident damaged Gateway either.
There was a few "I won't support them" but funny enough, when Gateway was the only way to play 7.X titles, lots of people cracked and bought for smash bros. Same will happen with emunand >9.5 on n3ds (you can be sure Gateway will be first).
So really (assuming the current reports are correct), why would you not go with the same succesful tactic again?