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Nintendo could go back to their roots and uh, replace the blood with sweat like they did with Mortal Kombat?
Having a functioning Switch version and not being allowed to sell it is an affront to the developer and to customers. It’s not Nintendo’s hardware. It’s your hardware. That’s what the money was for.
It is Nintendo’s app store though. Maybe don’t buy a device tied to something like that if you don’t like their policies.