I would not have assumed otherwise. Anyone who Nintendo sends pre-production hardware is under a mountain of NDAs and would be too afraid of losing a contract to say anything not in a Nintendo press release.
Genki probably knows someone who snuggled a set of calipers onto a factory floor. Nintendo could have had a note passed along asking the leaker and Genki to release their comment.
This is just them covering their butts from bad publicity or a law suit. They are telling you that their tech support will not help you use an unauthorized online server and if you get hacked, it is your own fault. Nothing particularly weird about it. No more than just about every piece of free software includes a document explaining that the software does not include a warranty.