If a nand backup was mandatory it would be done the moment you hack your switch and not by the user but by code, the fact that it isnt is proof in itself that it is optional. Thus rendering your senseless logic yet again, useless.
Tell me, how have I and so many other users been on the homebrew scene for over a year now with no nand backup? Its because switches dont just magically break on their own, if you follow instructions properly you dont have the ability to brick your switch even without a nand backup. Now someone creating destructive software that purposely destroys is a different thing than someone not following instructions.
Like my guy, I am a developer myself and I can tell you I have the ability to drop applications that can shit on your pc, phone, and with a bit of practice even your home security system or car. Does this mean I am justified in doing so the moment you leave yourself vulnerable because of your lack of AWARENESS that such a flaw exists? No. There is no defense for it.
Why do you think nintendo cant remotely brick a console? Its because even if you are breaking the law, they cannot break it in return and take matters into their own hands. There is a system and protocol for everything. For someone to destroy your system regardless of what reasoning there is behind it, is still legally defined as "destruction of property" now anything over 200$ in value that gets destroyed is a "felonious destruction of property".
Lol it would hold up in court easily. When you go to court they dont care what you were doing that got you into the situation. They only care about the charges they are there to discuss. They wont look at the case and say: "well, you were breaking the law by selling drugs so the fact that this person shot you doesnt matter and we will let them go." They will still charge that person and if you dont have a case pending of your own for selling those said drugs they will not prosecute you. They would have to prove beyond a doubt that you were indeed selling those drugs to begin with and catch you with them. Telling them is one thing, but they need evidence and the only evidence that would be present is your shot up leg. Thus giving them a case.
I know all of this but would I go outta my way to be a snitch? No.
Would I go outta my way to ruin another persons day? No.
Would I design code that would cost people money at no benefit of my own? No.
Its terrorism, nothing to gain, only people to hurt. Sadistic to say the least.