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I kid you not, the reason why this is, is because Nintendo of America and Europe are coming down hard on what games they do allow make it to the West. If a game released in 2016 on a Nintendo platform, that game can not come to the Switch until late 2018, early 2019, as Nintendo doesn't want to fill it up with (get ready to love this) "ports." If it released in 2015 and it was well received then they will say yes, but while NoE says yes, NoE can say no. As for Nintendo in Japan, they don't care and will allow anything, regardless of what year it came in. Were Happ and Adelman to try getting the likes of Flyhigh Works to port the game for them, it wouldn't be as much of an issue as it is being made out.
Also WINDSORG don't worry about devkits, in Feb Nintendo actually ran very low on them and had to stop giving them out until they had more supply.