It sucks, but Nintendo had every right to do this. Just think of the ad revenue these sites get using IPs that they do not own. The fact that they agreed to pay 12 mil speaks volumes for how much they must have made over the years. I certainly hope however that Nintendo does some kind of real VC on Switch soon to give people legal ways to play these games outside of ebay. It really is money just sitting on the table at this point.
I expect other devs and publishers to follow before long as well.
I think the problem is mostly money to begin with. Nintendo cannot just put them up for everyone to buy. Lots of legal stuff. I mean look at all the PS1 games that were brought over to PSN, not too many, because it is a complicated legal matter.
I remember TOMBA 1 and 2. It was an independent publisher that brought it to psn and it took them years to do so. Now imagine if they dont even know if it is worth the trouble and nobody is going to buy it? lots of money wasted.
But I think it would be amazing to have all these old games available :)