Does "side-load any content" mean unlimited piracy? Otherwise I don't understand your argument at all. But adding side-loading does not enable unlimited piracy.
Nintendo makes a ton of money on first-party games, and they could easily continue releasing their games exclusively on their consoles. They'd lose very little.
Random sideloaded games are just irrelevant when people are buying the systems for Zelda and Pokemon.
That would all disappear if you could side-load any content.