If you make it look unintentional, both in action and in the code, they can't do anything other than pull it from the eshop. Even bigger a thing would be to ship it out in physical cartridges with the exploit, so even if it gets pulled down, it will still be out. Also, with cartridges, it would be unpatchable (besides downloading an update from eshop but who would?) and could just be used like a flashcart (put it in the system, load up, done, move on to next 3DS to hack)You should not try that in the EULA there is probably something stating this is illegal(why wouldn't they), and pull you to court.