Okay but they still need to distribute it if they want others to use it. And you don’t reach a lot of people through sneakernet alone. Nintendo will just shut down every place the software gets distributed. Then no legitimate site wants to touch that with a ten yard stick.
I wouldn't be so hopeless. If this is the only available choice - they'd find a way or will ask their more savvy friends. Like, here even a couple years ago it was unthinkable that every second person would learn to circumvent censorship - yet here we are. Sometimes life forces you to.