I the hell care...
Seems I've been misunderstood, or you're all pushing me down a path that I'm not going down.
Look, if you want to take your hardware and install something else on it that's fine. I agree that with the hardware you can do whatever you like. I reserve the right to install what I want on my PC or any other hardware I choose to. I fully support that.
And no, it's not just a piece of hardware, it's software as well. It's time, effort and money on Nintendo's part.
However, if you use the specific OS, software on the hardware under agreement with the company and then choose to circumvent said software and hardware for no valid reason other than stealing then it's a different matter.
So yes, take your hardware, install a freely available version of Linux or other OS on it, add whatever drivers you need and then do what you want with it. That's good - I'm 100% behind that. That way Nintendo can't stop you from doing what you want and you take responsibility for your device.
So despite how unpopular it may make me on these threads, I support a company's right to protect their systems and their revenues. If you don't like the rules on it then don't buy the product in the first place. Vote with your wallet, and if enough people agree and do the same then the company will have to change their ways!
Personally, I don't like Nintendo. I don't like Apple either. I like systems where I can install what I want, when and where I want - so I don't give them my money.