Homebrew Question about 11.7 and freeshop

Memfis

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First: My 3DS is on 11.7. I only use dumped games from cardridge - no downloads. I also use Virtual Console games from eShop and (if not available in eShop) roms (Illusion of gaia for example).

Some of my games want to make an update (Harvest Moon: The Tale of Two Towns for example) No idea why. It want to do this update, although the 3DS wasen't to connect to the internet by dumping the game. The eShop also tells me, that there is an update for Mario Kart 7 - but can't install it.

My question: Could I use freeshop to install there games with 11.7 or could Nintendo detect that and ban me? For Nintendo it's piracy, because they don't see, that I have the original cardridges.
 
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