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TheBraveGallade said:

Its made by the same people though

That's what makes it an odd situation, but since IP means "intellectual property," what is owned by each company is a different entity, at least legally speaking.  Square and Namco couldn't make a Shulk toy, for instance.  Likewise Nintendo couldn't just port Xenogears or Xenosaga to Switch or Virtual Console/eshop without permission.