I don't know, they may release an update "incompatible" with modded consoles (once you've modded it Nintendo no longer have to provide support) and it could "coincidentally" brick modded consoles.
I think they're probably entitled to withdraw online support- like MS did with xboxes with the hard drives replaced.
I don't know if Nintendo wants to brick consoles, as whenever you update it tells you if the console has been modded it could damage it etc.
It's unrealistic to think that the manufacturer should be held responsible for end-user modifications. They have no way of predicting that, and since they are made by an unlicensed 3rd party, have no real responsibility for compatibility. They're gracious enough to warn you of the consequences, if you agree in spite of that, then whatever happens to your console is on you.
It's not as if brickings due to updates are always intentional, either. Remember what Mario Kart DS did to Flashme? Someone saw some empty space in the DS's firmware, and it didn't occur to them that space was needed to store Wifi settings. So the first Wifi game overwrites a segment of custom firmware, and boom.
Amen. The full and sole reason I bought a PS2 Swap Magic was for Namco X Capcom.
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