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I'm pretty sure that EA, Ubisoft, Activision, Square Enix, Bandai Namco, Shin'en, Wayforward, Platinum Games, SEGA, etc... already have the dev kits. The fact that Nintendo is not giving it to some random indie developer with only one game on its back and zero work for Nintendo before even announcing the console itself does not worry me at all.

 

I'm pretty sure Moon Studios will get the dev kit at some point after E3 2016.