Because let's be honest, bro, you can't treat Expedition 33 and other high budget games as if the developers are just more competent than the developers of low budget indie games.
I wouldn’t say more competent, but they were skilled. Which I am sure, if smaller budget ones had more money, they can put out something better.
But that’s just life, shouldn’t discredit them though. As their presence gives more weight to the independent community, and reflects positively on them.
Nintendo does not want to make a good game. They would rather sue until they are the only ones who can make games. I find it funny though. No other AAA company like Nintendo will allow it to happen. They will counter lobby nintendo. The only time lobbying is good is when a lobbying company faces another monopoly.