Yeah, it's very unlikely that Nintendo will "shut this down", since it's just a patch. Sure, that didn't stop Square from shutting down a ton of Chrono Trigger patches, but AFAIK, Nintendo has never done anything like that.
Heck, then again, Square still hasn't noticed that the source code to Thief, Thief 2, and System Shock 2 is out there, even after the binaries were recompiled and released! (they own Eidos)