It's software AND hardware designed to hack and illegally modify something they own(The Switch). Pretty sure the law is on THEIR side on this one
Sorry but no.
The law has already been modified to serve the user in this kind of case.
You can modify the hardware and software to whatever as long as it doesn't imply directly that it will be used for piracy.
You own the device once you buy it, the only thing that is not bough is the services the device itself has tied to it, which is where the EULA enters.
They are even forced to keep the warranty alive even in the case of a hardmod, as long as the issue itself is not a derivative of the hardmod itself.
You can make a video of the SX OS, it doesn't mean you are condoning piracy in any kind.
You can simply explain how to use it and so, and they can't take down the video just because you are showcasing how to use a modchip or even a softmod.
Nintendo is just doing iffy shit and it's going into bare illegal territory.
Just because they sell you the console means they will have to ask you how to treat it and what to do and not to do with it.
What's next?
People that make tear-down videos getting their videos taken down just because Nintendo doesn't like it?
I just hope people start realizing that they are playing around with shit that is going above the client's own rights.