I don't know much about technical stuff involving it, but I think that if Nintendo really wanted to do it, they would've done it. Think about it. For example, once you enter the eshop, it deletes pirated DLC... so why doesn't that generate a ban? Then there's also the emunand firmware version, like the RX-E or Rei prefix, isn't Nintendo able to see it? Or can someone savvy explain to us why Nintendo can't detect any kind of CFW or console modification? It shouldn't be too hard for them... or is it?