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Perhaps, but Nintendo also seems happy to let people forget that the Wii U ever existed. Also, they seem to not care as much about non-piracy/CFW releated hardware mods- take the 3DS capture card as an example, AFAIK it was never targeted by Nintendo since it very clearly was not meant to facilitate piracy.
Probably not. If a virus is too deadly, it kills its hosts before it can spread. That’s why SARS didn’t turn into a pandemic.