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They probably learned from the 3DS and WiiU... At least by tying an identity to the purchase and having a method to discern legitimate system based downloads from a third party/middle man.Okay, so when you buy something on the eShop the game gets sent as a download from a server--the CDN.
There are tools for the Switch CDN that allow you to download games from Nintendo's server arbitrarily using your Switch's certificates.
This was done for archiving/experimenting.
He got banned because I would imagine that this is against Nintendo's TOS, can be used for piracy, and Nintendo doesn't want unauthorized access to the delivery servers.