Well...if you will never use ANY data from the game, then I don't think you need to ask for any permission. You can make that port support any game, same as any software you make can support Windows, for example. And you don't need permission from Microsoft for that.

In fairness, MB has been very chill about using the game for your own use.
That's how the modtools got started and some people making mobile builds of the game, as long as someone has to buy the game to play it on switch homebrew then I doubt there'll be any issues.
It's not like pirated copies are readily available nor does a switch version of the game exist.

Originally posted by XDragonoid:

Well...if you will never use ANY data from the game, then I don't think you need to ask for any permission. You can make that port support any game, same as any software you make can support Windows, for example. And you don't need permission from Microsoft for that.

no data will be used from the game the idea is to roll it out like scummvm where you need the data to play the game

What you'd want to do is make a Switch port of the Ren'Py engine,[renpy.org] something like RenPSP, which you can do freely because the engine is open source, and then you'd just be able to drop in the files for any game made with Ren'Py. You wouldn't need permission from the developers specifically.