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Of course, but in this case the piracy is more complex than just buying. The issue is much more how this can and might affect buying customers.
This case is not about pirating yourself but about a tool for creating more pirate copies, which will make it more convenient for end users, whether they will pay for it or not.
The issue you mentioned will likely not hit pirates negatively. As someone mentioned it’s not unique to this Nintendo console, so it’s the result of them not learning.