The games do need to be rated by the ESRB, and having them rated is the responsibility of the developer.
You need a developer kit to make games for the Wii -- but it's my understanding that Nintendo's developer kit is much much cheaper than the ones for the PS3 and 360.
Other than that, it's absolutely free form. Make your own games, submit them to the ESRB, then give them to Nintendo. Done. Nintendo decides on pricing, checks for bugs, then puts them up -- it's as simple as that. Nintendo does not ffilter anything but AO rated games. This is AMAZING news for independant developers. It's the most improtant thing to come out of this news I think: Nintendo, in one fell swoop, just got every little developer and wanna be programmer on their side.
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