Nintendo's Wii-era policies have changed a lot since eShop came out. You don't have to have an office, you don't have to be from the country you want to publish the game and there isn't a minimun sell rate (you start to make money since the first sale). Furthermore, you have completely freedom to choose the price of the game or make discounts. You can also release patches whenever you want (they have to be approved by Nintendo)
http://www.joystiq.com/2013/03/25/nintendos-new-relaxed-restrictions-for-eshop-indies/
So...Phil Fish is just another attention-whore hipster







