It's been clear for a long time that Nintendo is that one kid that will let you play with their toys, but will only let you have fun in ways they want you to. I don't think Nintendo should be negotiated with: they've made themselves clear on things like this by sending lawyers as a first resort time after time. Leave them out.
Yeah. Sadly people still buy their games.
Original title edited as it was too long: "Japan's biggest charity speedrunning event won't have Nintendo games because Nintendo couldn't help but Nintendo"