This is why people who claim that updating the games is not detectable by Nintendo when it clearly is. The most likely reason that bans have not been sent is because they want to keep us on our toes. I can assure you that no matter how many people were banned with LayeredFS, there are twice as many people NOT banned. Anyways, if you can provide some proof OP, that would also be greatly appreciated (like the e-mail, kinda hard to claim you don't own MK8).
EDIT: There's also the possibility that the data is not shared equally, which would be really weird because the marketing team knows what you do better than the banning team.
I'll confirm this too. Only ever had MK8 on cart on a different account. Just updated the BBB release in OFW using + menu (didn't play it or take it online) and I just got the same email. Only just started using that email/Nintendo account a few days ago as a disposable one for this console.
They know. But so far I'm on my like 80th game updating and haven't been banned yet. I'm fine with them banning me after I got all of the updates, never plan on using this console legit again

