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this post was submitted on 22 Mar 2024
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Right, but both copies would have to be online at the same time for Nintendo to take action. I don't disagree with you that this scenario is possible, and someone will run into this problem.
There's literally no way to track or verify if a cart has been copied, so it's not really worth worrying about.
It's like those very unlucky few people who get struck by a freak bolt of lightning. It's terrible, but you can't live your life as though it's going to happen to you since there's very little you can do to prevent it.
Another thing to consider is that piracy on the Switch isn't new and this same situation has been happening since 2018 when the first Switch hacks were made public. I have a launch day Switch that's vulnerable to exploitation, and newer models can still be chipped. Most people who pirate know enough to not play pirated copies online because their Switch will get banned.