Seems odd. I'd like to read the documents (if and only if they are released). It's true that people should be allowed to dev their own software for their platforms, but Nintendo isn't open-source, and they are making money off it. Therefore, Big N should be allowed to protect their investment (firmware, etc) because it is the way they make money. (People have to ask for permission to use and licenses, remember that weird developer who used different sprites and things and never got a vital piece of his programming done because of the licensing issue?)
However, Big N should acknowledge the devs out there, and give them access to some tools. I'm not saying all, but tools are important in devs.