No, but they could track someone down if they were stupid enough to make posts on a public forum that indicated they were about to pirate and supply hundreds of thousands of people with illicit copies their game.
But so long as that person doesn't use the same username on Instagram or Facebook where they post content that showed what they looked like or where they lived.
Thankfully though, said person can't actually create a .cia from a Xenoblade download (due to the new encryption I believe).
Of course
I'm not really interested in making it any easier for people to play the game without giving something back to the developers. If someone with the means to install a cia version of the game wants to play it, they can now easily buy it on the eShop thanks to the firmware spoof and install it on their emuNAND without any problems, just as I did. It takes a while to download and install it, but that shouldn't be much of a problem.
motezazer: Do you think it would be possible to spoof not only the firmware version but also the type of hardware when accessing the eShop? I'm speaking of the flag or whatever it is that informs the eShop if you're accessing it through a New 3DS or an old one and prevents access to certain games like Xenoblade Chronicles 3D accordingly. Or is that something that Nintendo stores on the servers when you do a transfer to a New 3DS or link an NNID to the system?
I'm asking because I have 3DS systems from multiple regions to buy games from the different eShops, but only one New 3DS from Europe, so I'm currently limited to buy New 3DS exclusive games from the European eShop. Of course this isn't really a problem right now as there is only one New 3DS exclusive game available worldwide, but this will probably change at some point in the future.