what stays private? are you talking about installing CIAs?
I was speaking of why devs do not open source all their code like Karl or rxtools. In those cases if they were to open it up for all they are hurting nintendo by not having funds supporting game developers.
As for these legit cias being talked about by some to use it for cash I find that selfish. Say I was a innocent buyer looking to buy a console and then got ahold of one of these from a seller doing this. Later I get an issue and call nintendo and they see something suspicious on why I have so many preinstalled games coming from the same source console. I find that if I was the buyer in that position I should not have to deal with answering to nintendo about that as I would be clueless of what was going on.
But doing it for those you know is a different story as they would have full information of what you are doing.