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They already do this with used consoles and games. If you buy a used Switch that someone tampered with on the software side, the only way you would find out something is wrong is when you get blocked from Nintendo servers months later. Or perhaps you bought a used game that someone cloned the card ID from, and you end up getting blocked when others use the ID.

Getting blocked from the Nintendo servers doesn't just mean losing online play, you can't update the console or games, play game-key card games, or run downloaded games that it needs to validate your ownership of.