No. Thus far everyone banned used a header from a public source at least once.
Thats good to know, and interesting as well. Would you (or someone) mind defining "public" for me? Would it mean a header you'd find online on a rom that you would see 3 or more people on at the same time, or any header that has had 2 people on it at once?
I ask this because of one reason; used games. Say someone bought a game just to rip the header from it and sold it back to Gamestop, then a 2nd person came and bought the game to keep. If these two people played a game at the same time with that header, would they be banned? How can/will Nintendo prevent this from happening? These are the important questions.