If Denuvo wants it to be effective, they need low level access from Nintendo. It's not possible for this to get approved to run on the switch without going through Nintendo. Depending on how effective this is, Nintendo would most likely be the first publisher to use it. Nintendo develops many of its most popular games in house. There was a lot of negative reactions to this so I imagine Nintendo wanted to distance itself from it publicly. It is the same company that took Game Genie, a game cheat cartridge for the NES, to court on the basis of "copyright infringement". Nintendo lost that case, but they have won recent cases taking down rom hosting sites.