nitroBW

@PlywoodStick If it is the original card, I highly doubt that the console will get banned. If it's the copy, there is a very high chance. Game sharing isn't a new concept.
IMO they should ban the copies, maybe even the copy users, but not the original. There is no actual proof for Nintendo doing either, banning them too or not

It can be reverted. When hacking a console you begin by backing up the OS, if you held onto that backup and restored it, you would technically be left with a pure and innocent console.
The thing is, Nintendo might've already put that 3DS on its lists if it has been online even once, which it probably has. So even after restoring and resetting everything, it could still get banned in a banwave. Could. The last few banwaves didn't really have any patterns, it randomly banned consoles and we still can't find out on which basis they did. Even people who only installed the CFW and didn't do anything else reported some bans. Some people who only used homebrew without actually hacking reported a few bans as well, but it is generally thought of being a false claim, since there has never been any proof for that.

3DS CFW does have some advantages outside of piracy, like custom themes and stuff, but if your stance is a clear no, I would recommend getting one online. You can always check if a console has CFW by holding Start before/while starting the console, it should show a CFW menu if if was hacked (and not restored).

@PlywoodStick exactly. Based on what they did so far (in the past 3 decades) I wouldn't expect them to do anything. But Nintendo changed a lot with the Switch.
I'm interested in how this will end.

@Anti-Matter Something like an R4 is highly improbable, unless when used in combination with a custom firmware which disables cartridge checks.
Every cartridge has unique keys.

Piracy is already possible though, through other means than flashcards of course.
Team eXecutor has been working hard to get piracy out there. CFW in general is of course done best by well-known Nintendo hackers, like SciresM, Nährwert and others.

wow they finally changed the title.
people are still overreacting in the comments, this was debunked as clickbait.
SECOND-HAND CARDS WON'T GET BANNED, ONLY PEOPLE PLAYING COPIES OF THEM, NOT THE ORIGINAL CARD ITSELF.
Nintendo knows whether you have the original card or a rom dump.

@Anti-Matter it'd be more than stupid to ban the original game card, Nintendo knows damn well that reselling is a thing, furthermore can they see which Account/ Console was the first to "register" a game card as theirs.
Nintendo has always been kind with their banhammer, it would very much surprise me if they decided to ban everyone who they even only suspect.
3DS bans only went out to people who actually tinkered with their consoles and broke the ToS, your second-hand game card itself is not breaking any ToS.

wrong. as always.
stop reporting about the homebrew scene, thanks.

Game cards are still usable, but people trying to play the copied game won't be able to do so anymore, since they only ban people who play the copied game.
Well, they can probably still play it with cfw, but not online.

nintendo won't add anything new like regionunlocking or whatever. For 2+ years these updates WERE ALL STABILITY UPDATES.
LITERALLY all they do is fix homebrew/hacking stuff