HAL is a 2nd party. This means that Nintendo does not own the company.
Present > Wikipedia
If they wanted to, HAL could leave Nintendo and make games for another console, much like what Bungie is currently doing to Miscrosoft.
Present > Kirby
Kirby is a character made by HAL. Though Ninendo may share copyrights over him with HAL, Kirby is HAL's character. This makes him seperate from Nintendo's characters(Mario, Link, DK, Samus..ect).
Kirby =/= Nintendo Character.
Take THAT Dorko.

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