@bolded: That's the thing! Who owns the IP calls the shots. Nintendo owns nothing there, so they ain't in any position to call any shots.
@italic: that's only true for the movie rights. Marvel retained the rights for pretty much everything else. It's just that Sony also makes the Spiderman video games, and thus doesn't want to share with the others, but afaik they don't have any exclusivity rights over him outside of movies.
Marvel owns all the characters and settings in UA3 and Spider-Man PS4, but the actual rights to the games themselves are held by Nintendo and Sony respectively. Marvel simply licenses these characters to the companies. The same is true for the upcoming Avengers game. Marvel owns the characters, but Square Enix owns the game itself. It's very much like the Fox X-Men franchise, where Marvel is simply licensing out their characters to other companies.