I'm talking about the person who didn't partake in piracy at all.
If 2 people are online with 1 cert, one of those people is likely just a random kid somewhere so Nintendo is unlikely to ban for that. I agree that Nintendo will not think twice...
They are likely to ban certs which are being used by many people at once. The ones which people will have found online so could be used by 10+ or even 100+ people at the same time. But I doubt they'll ban any where it's only 2 people at the same...