Putting aside the fact this petition will get you nowhere and amount to nothing more than a bit of discussion and/or criticism here on the forum, if your desire is to be allowed to use cfw for the purpose of homebrew apps like ports of legit homebrew games and software that aides your use of the system, then yeah they could change the EULA if they wanted, but not to allow cfw.
Instead they would allow the aforementioned types of homebrew within ofw by providing users with a optional package installer that they can download, and tools for homebrew devs to package their games with a special homebrew license file. Of course any homebrew that brings up any licensing issues, like porting any kind of emulator, or breaking the rest of the EULA by providing for free via homebrew, a service that Nintendo are charging for (like say, save backups or classic games), would not be allowed and would get you banned.
So how much homebrew would that leave you with then? I mean, a bunch of homebrew devs can get together to make a game, and suddenly their now an indie studio, and their games get put on the official store. Now I admit I'm not huge on homebrew other than software I find useful, so maybe there are a ton of legit homebrew games out there, but you could just develop those games for a raspberry pi or some other hardware that you wouldn't have these kinds of issues with.
That gives very little incentive for Nintendo to even allow homebrew legit in the way I mention, let alone allowing full cfw to exist on their consoles, officially signing off that it's ok for custom everything to be used on their hardware, that people can cheat in their games and ruin online without being penalised because cfw. Now yeah you might say "oh but they can still ban cheaters though, not everyone uses cfw for that", well people also use cfw to play unsigned pirated games, which they also ban for. But "allowing cfw" just opens the flood gates and makes the type of shit some people get up to with cfw, even more of a nightmare for people sticking with ofw, and if you argue that they still should ban pirates and cheats or whatever, they why do you need them to sanction cfw, so you can play custom odyssey maps without worrying? Too bad cos they've got mario maker 2019 switch ver, that lets you build your own levels, so you gotta wait for that.
Putting all the legal stuff aside completely, it's silly to suggest this tbh, and I've just fancied having a ramble hence my response. I mean imagine being a parent, hearing about users on cfw that breaks the eula, being able to show your kid pornographic images in mario. That's pretty rough press. Now imagine being a parent, hearing about users on cfw that are able to show your kid pornographic images in mario, and they do this using cfw that Nintendo allows to run instead of their own ofw. Suddenly Nintendo is even more of a bad guy. But let's face it, no parent gives a rats ass about eula or policies, in either of those scenarios it's Nintendo's fault for exposing your kid to such imagery, the fact they give the ok to cfw that is the only reason such exposure was possible, just makes it that much more worse.
So all that headache, over one little thing, because they say cfw is cool, and some dumbass does some dumbass stuff with it, they get all that bad press and their stock takes a dive as it tarnishes their image every time something like this happens. It's not worth it for them, just because some netizens signed a petition but "promises" they won't do any bad stuff or abuse the new change.
Sometimes petitions work (when cleverly thought out and supported by millions of people/a few very influential ones), most times they don't, this is the latter.
Also certain clauses or phrases Nintendo have used in some of their EULA mean nothing and are used for no other reason than to scare regular users of their hardware into not being tempted by the dirty pirates of the interwebs, or those nasty r4 cards!
"After the Nintendo 3DS system is updated, any existing or future unauthorized technical modification of the hardware or software of your Nintendo 3DS system, or the use of an unauthorized device in connection with your system, may render the system permanently unplayable. Content deriving from the unauthorized modification of the hardware or software of your Nintendo 3DS system may be removed. Failure to accept the update may render games unplayable."
They not only put this message (most of it) on the retail packaging of the 3ds systems but even later in system updates, which again was there to scare because it did nothing, at least in my experience. But you wouldn't think to ask them to be nice and not put that wording in and not break your 3ds, would you? See, it sounds silly doesn't it.