Good point, but I wouldn't be surprised if they found some way around it.
Besides, not like I'd mind. I don't know why it'd be too much of a problem... Unless you're abusing the camera mid-fight to look under the female fighters' dresses, and zoom in on Samus & Bayonetta... I won't judge.
I've stated it before, but 2B technically does have a Nintendo presence.
I've also stated before that, the issue with her presence on Nintendo is that it wasn't a major one.
She appears on Phantasy Star Online 2 for all consoles, Switch included, alongside A2 and 9S. The issue with this though is that it isn't even on a game in her own franchise, or a Square Enix game, but merely a collaboration with SEGA.
Believe me, I'm well aware of the odds, and the facts floating around that both support her chances, and go against her chances. I'd love to be blinded by hope like many others, but I try to keep my expectations grounded. My hopes, however, I let roam free to do what they like.
I do my best to prevent my bias from clouding what I think will happen, instead of what I want to believe will happen.
All in all, she has had a Nintendo presence, but it's not a very large or noticeable one. Compared to the likes of Joker, Snake, or Cloud, who have appeared on Nintendo consoles at least once through games in their own franchise, if not their own game, 2B's is in a 3rd party game by SEGA only mostly played over in Japan for the most part that is on the Xbox one, PS4, and Switch.