If you use MigSwitch the way it is intended, by backing your own games, getting banned shouldn't be an issue. But everyone knows, the majority of people getting MigSwitch will be using it to play games downloaded from internet. Getting banned and not being able to play online Mario Kart or any online services isn't the main issue here though.
From my understanding, the issue is being able to update games? Sure one can back up any games released physically on carts, but most cartridges have version 1 of the game or even sometime not the whole game at all. Meaning to play the game, one has to update from nintendo online, but once you are banned you can't even update your games.
Meaning, your stuck with version 1 of that game, or whatever was included in the orignal game cartridge. I would assume, if one is using the MigSwitch for pirating games, sooner rather than later, one has to go online to update a game and take a change of getting banned. So in a sence, eventually all who update might be caught and banned.
Am I missing something here, and someone already has a solution to updating games, without the change of getting banned? I know one can buy a new un-banned console, but that seems like it would cost more than just hardware modding your switch.