Nitendo already has access because they have money and connections, if they would want to build something new, lets say a themepark or just a big event on public property there is not much stopping them, they can just do that with faster signed permission then you would receive a rejection email.

Nitendo also isnt indie game at all, just because they happen to make 2d platforms doesn’t mean they represent the default Businessmodel for all 2d platformers.

As a consequence of Nintendo already having more then a reasonable share, it also becomes morally correct to use their products and services without payment. The costs of All their games, hardware, regardless of 2d style should be 0 to consumers who almost all have less then they should have.