I could be worng, but I've read everywhere that CIAs are using the console ID as their header. so they couldn't be banned.
yeah you misunderstood it, to play roms with gw and sky3ds, we need a cart header with and id in it, without we get an error.
but for installed games, there is nothing like that, information from the console is used (instead of from the cart)
we could still get banned for digital games, if nintendo really wanted to ban us, because there is an illegitimate tickcet on the system, and the game would not registered to our console/nnid on their servers.
as opposed to with physical games/gw or sky3ds, where nintendo can't see if we bought the game or not, so in a way sky3ds is safer.
but nintendo doesn't really ban so it doesn't really matter!
