Seems like the TL:DR version of this is that the distractionary tactic in question is to make games that people want to buy?
I'm trying to explain that there is a phenomenon with nintendo's formula. To say it's a distractionary tactic is to describe the underhanded, but also legal loophole nintendo has. On one hand, there are people wanting Nintendo to lighten up, fan games etc. But Nintendo denies anyways and it's business as usual and they sell 4 million MHR in 3 days. You can call that something else, but thats what I wanted to call it. Just to see if anyone else can see it.
By the way, I'm not saying anyone should boycott Nintendo or anything. I am a fan, but as a fan of Nintendo, I can't help but think that this is kinda cool they have that power.