From what I've read, here's what I can glean:
-Both Nintendo and MS want Goldeneye for their repective digital distribution services.
-Nintendo owns the publishing rights to the game.
-This doesn't mean ActiBlizzion (best name!) has to publish it wherever Nintendo wants it. What it does mean is they can't put it anywhere without Nintendo's consent.
-ActiBlizzion (as I understand it) is willing to allow the game for either or both platforms.
-Rare has development rights to the game (obviously, since they made it) but can't do anything with it without the consent of the one with the publishing rights (Nintendo).
-In order to publish the game on VC, Nintendo needs the approval of both ActiBlizzion and Rare/MS
-In order to publish the game in its' current form on XBLA, MS needs Nintendo's and ActiBlizzion's approval. Basically, it's a gridlock right now.
Here are the possible outcomes that I can see:
1. A boatload of cash changes hands between MS and Nintendo. This isn't likely as, though MS will attempt it, Nintendo is not exactly hurting for dollars right now.
2. They come to some sort of mutual agreement and the game comes out on both systems. This would be best for everyone, I think, as it could play to both sides' strengths. Buy it on Wii if you want passable online and motion controls. Buy it on 360 if you want matchmaking, friends lists, etc.
3. I don't think many have considered this yet, but: Nintendo only owns the rights to the exact code of the N64 game. They would have no say if Rare were to completely recode it, instead of emulating.
Any thoughts?
For any interested, there's a petition here to get the game on XBLA
http://www.1up.com/do/newsStory?cId=3165408
