You can buy a used game from a separate company and throw it in your nintendo no problem. You can use a different app store on Android or sideload. The Epic case was not a total loss - I do not agree personally

How many consoles will let you run games published without licensing enforced with code signing or such mechanisms? Bit harder to make an unlicensed game now than it used to be.

Every game for every console since the original Nintendo has to be licensed by the console maker - even physical games.