I'll take it that you're waiting for the modding for the sole purpose of homebrew that may arrive on it? And not some little 12yo snot nosed pirate that's just waiting for a warez loader, right .....right?? Well IF that is the case, then kudos to you, but you're in the tiny minority of people that are waiting for this exploit for that reason - the majority want their 'Wii-U-flow' and thus won't be going to pay for Smash 4 in the first place! ....However small the number of 12yo snot nosed pirates may or may not be, why should they be allowed the same privileges as those who have given Nin revenue?
Pirate or not, you're still in the same league as they are by going against their ToS, and thus don't deserve to be allowed online. Plus like I said, you're in the tiny minority if you're not a pirate, they're not exactly gonna go under because of about 10 or 15 so-called homebrew only modders...