alt Hacker NewsThe chances of getting banned for this are extremely high. The Switch 2 has plenty of mechanisms to detect tampering. Even if you were completely offline during the process and then reset the Switch afterward, there are logs. People have already been banned for using the MIG Switch to play backups of Switch 1 games on the Switch 2.
I wonder if this would be a reason to sue in the EU ? IIRC you can even replace the firmware without voiding the warranty, unless the manufacturer can prove the firmware cause the issue.
Here I guess you could just RMA the device or even sue Nintendo for retaliating after you just used the device you bought ?