this post was submitted on 12 Apr 2025
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Based on the CSMS statement elseware in the thread and my limited google-fu, it looks like swicth one was 9504.50, which isn't on the list of exemptions.
That said, I wouldn't be too surprised if Nintendo figured out a few tweaks in the feature list that would allow them to claim it as one of the exempted categories.
Follow Sony's play and call it an "OtherOS" mode. You don't even have to support it once you're already shipping under the new classification!