It would be troublesome for ninty to ban every console with save game dates during the period of the leak because they will not have a solid evidence that you indeed played with the leaked game or just coincidentally have your date set to that period. If an unfortunate, legit player were to be banned and to complain, they won't have a choice but to lift the ban for him/her. Once non-legit players sees this "loophole," and ninty, without a solid evidence, will have to lift everybody's ban.
I think I over explained myself. But I think you'll get the point without having to read everyrhing.
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I strongly doubt Nintendo would go down this path. It's so incredibly flawed to begin with, it's not worth the time doing.
For a start, since the save uses your 3DS' system date/time, you could easily set it to 1st Jan 2012 or something and the save would have the same date. The amount of false positives would be insane.
So far, they can at least confirm you've connected to their servers with a game which has not launched yet in your region (which all evidence is pointing to this happening). That's pretty easy to do and isn't riddled with false positives like checking save dates would be.
If checking save dates is an issue to anyone (it's a pretty daft thing to worry about due to the above), then use a save editor to change it. Bang! Problem solved.
Last edited by Flying Scotsman,