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Last I heard, Nintendo still has some say in whether or not the game appears on the XBLA, just as Nintendo is still involved in other Rare titles. Nintendo used to publish the majority of Rare games, so they had rights over them. Granted, Activision-Blizzard now owns the rights to the franchise for gaming, but I believe Nintendo still has some say since they published the game originally.

They should just release it, unchanged, on both XBLA and Wii VC.