The console itself is practically a loss leader, it's buying the games that's sketchy :P

To clarify my overall stance, I am:

Broadly anti-nintendo (good games, sketchy company), extremely pro- modding and homebrew, mostly pro-piracy, but firmly against the commercialization of piracy.

Making things available for free is good, taking things just so you can profit from them yourself is bad - and that's how I see MigSwitch et al.