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Hard to know what goes on with IPs and games without being privy to the details. I’d have thought Devil’s Third was owned by Nintendo when they decided to publish it but then the online portion ended up coming to PC less than a year after the Wii U launch. Lego City Undercover, while obviously not a Nintendo IP, was fully funded by Nintendo and so I expected it to remain Nintendo exclusive...then it wound up on PS4/XBO a few years later (Goldeneye 64 still hasn’t been re-released because of Nintendo’s stake in it so LCU being an external IP doesn’t matter, clearly a different deal was made there).
Maybe developers who have lost IP rights have always had the chance to claim them back from Nintendo but never been able to meet the asking price so it’s never happened, who knows. We’ll see, but I would rather see Nintendo just fund and publish the port instead of having to rely on a Kickstarter to get it off the ground (something that’s not even guaranteed to succeed).