I'll take your word about Nintendo not having any rights towards the N64 Banjo games, despite being the publisher and funder. But the rest of it still doesn't make sense.I've already addressed your theory in other posts, but in sum:

There are more parties involved in this than just Microsoft, Activision, and Nintendo (start with the movie studios, add in the creator's estate, and move on from there). Furthermore, it makes no sense that Microsoft would have proceeded on this project until they got a solid go-ahead from everyone necessary, and yet they haven't sued anyone for rescission. That strikes me as highly unlikely, IF this story is to be believed. Then there are the other points I raised...

Look, I know a lot of you want to hate Nintendo and/or are looking for someone to blame for not being able to play Goldeneye. And if any of you insist on blaming Nintendo, I don't particularly care. I'm just pointing out that this story has quite a few major holes in it, and that we only have the word of mysterious, unnamed folks to say that any of this has happened at all. Hell, we haven't even seen any of the HD screenshots that supposedly exist.  But if you want to believe...

I call BS, I would not trust Activision as far as i could kick them.

I think that this was a kind of side project over at RARE and that when they got something interesting that worked well they were surprised... showed it to Shane Kim or someone and they started trying to get the ball rolling. That's how it makes sense to me... just a side project that didn't really cost the company money that turned out looking promising.

Since M$ isn't shouting everywhere how Nintendo is to blame, this looks a little fishy. But assuming it's true, are we absolutely sure that Nintendo needs approval from M$ to get the game released in Virtual Console? Every game propably had specific contracts, but i believe we don't know the specific details considering Goldeneye. Nintendo would propably release the game anyway only after the supply constrains in NA are over (so a reason for Nintendo to prevent the VC/XBLA release even if it would be fine for them in other ways).

This is a sad matter, and last thing I want to see is Godleneye on the Wii.

We have all seen the pathetic effort that goes in to VC titles...

If Rare decided to upgrade the games graphics as well as add live multiplayer and achievements...I know which version Id want to play.

one of very few times i agree with you... however battletanks needs to ported to wii and 360

Mrstickball always makes good sense

Here is a good compromise.
Rare creates an identical upgraded Goldeneye for Wiiware, and both system can get the new upgraded version. Everyone is happy.

1. How do we know the Wii can handle an enhanced version of goldeneye (the same way xbox 360 can)?

2. How do we know Rare have the resources to take on a Wii development project?

3. Rare work for MS. Why should they spend resources developing for Wii? Why can't Nintendo except something instead of nothing?

4. If Rare are to develope an enhanced version for Wii, Nintendo should cover some of the development cost.

I blame Wii Fit!

but seriosuly though thats interesting.