Yes thats exactly my thoughts, i think it could really be just this situation that they use homepass, so basically nintendos servers with developer software being shown !
I guess they can take it that people pirate, because there was absolutely no ban for pirating on wii for example, but they will not take it that there is publicly shown through nintendozone that there is pirace/dev software beeing shown !
I guess we have to wait for shamzie or any other to clear things up if they might just have homepassed with dev software shown or anything like that...
i really hope they will answer, this could end (speculation mode on) the nervousity for people afraid of being banned, and take precautions before they do homepass