They should have a window for companies to liquidate their inventory and then release a patch to remove any modding restriction. Nintendo has done the opposite.
Because a large part of their business is their customers crying out for rereleases/nostalgia. Whenever N rereleases or remasters stuff on Switch it sells like hotcakes, because people haven't been able to buy often for more than a decade, since the original release.
Pretty sure Nintendo is internally opposed to the idea of secondhand games and would stop it if they could without a massive outcry.