When I first loaded Kirby as a Backup even though I had played it I got an Email as if I have never played it, from that moment I knew I was about on the ban list and then boom banned on my first Switch.
This is very interesting and I don't want it to get lost in the mountain of posts.
Got the Kirby email as well on June 23rd, but never played the game prior to SX OS. I did update. I've not been banned yet. Haven't launched a non-purchased game while online, but have launched already purchased digital titles.
In fact, I purchased Hollow Knight two days ago. We'll see what happens to the account + console, but I think the inevitable is fairly certain and obvious.