I get what Nintendo is trying to do, they are trying to create a library early on with content that you can on experience in the Switch, which is good for the users. In order to not pick favorites, Nintendo set up this "clause" of no straight ports. Got it. Makes sense.
However, there are a couple of steps that would have helped make this not leave such a sour taste in everyone's mouth, and it all boils down to just proper communication. I don't think any of the indie devs actually mind that there is a "no straight port" clause in effect in the system's infancy, but it would be nice to get:
a time line of when they will transition into strait ports.
release dev kits to them now, just with a hold on when the game can be released
Just a better line of communication with these devs, so they don't feel like second rate citizens after being dedicated to you platforms for so many years. Some don't have the resources to put "exclusive" content in their game to get past the clause, so just talk to them, so they can talk to their fans , and everyone will be happy.
With the exception of the neogeo and the tomorrow corp's trio of games, I don't think there is a port (ie a game already available on another console BEFORE it was released on switch. Even sf2 and disgea 5 have extra content. So nintendo is doing a almost good job of supporting this across the board. But please, just talk to the smaller guys before you lose their respect and support altogether. it's something you can't afford to do nintendo.