I already have all three on my PC, and the old cartridge for the SNES (no guide or sniff cards though) somewhere.

Morally I see no problem with it given the circumstances. You can't pay them for it, it won't be available and any attempt to play it legally will come at great cost to you and no benefit to them (only the ebayers will benefit).

But it comes down to whether you are a consequentialist or believe more in the deontological moral absolutist way of thinking. From the consequentialist view, the artists that made the game will in no way benefit from your purchasing the game, they will in no way be hurt by your emulating it. There is no reasonable way to obtain it, so sure it's fine.

But from the deontological moral absolutist frame of mind, it will always be wrong no matter what because stealing is stealing regardless of how or why or the results.

Or from a more baseline deontoligical argument, you have to ask why are you "stealing" it? Is their mal-intent? Do you intend to gain something for selfish reasons? You don't care about who profits from the deal other than you? Do you want something for nothing just to maximize the cost-reward ratio in your favor at the expense of others?

So do you think things are made wrong because of the consequences of the actions are inherently harmful to others? Or do you think things are wrong because there are absolute moral laws? Or are things wrong because of the motivations, intents and views towards others rights behind the actions?

I would fit in the first catagory by far and large, so I see nothing wrong with emulating it. No harm, no foul.

Question how did the original come out with all of those issues with no lawsuits yet now it's an issue?

Yes. All of NoA knew Tomato was translating mother 3 as well and no one stepped in to stop him. The fact is, nintendo knows it is not coming out (stupid lawyers) and is letting the fans be able to still play it. I own the original cart of EB, but if I did not I would have emulated it and not felt bad.

Now, for games that release or have a chance of release, pirating them is always wrong. But we know there is no chance, nintendo themselves has said this.

More powerful lawyers now?

I do not see stealing as morally justifiable in any way, shape, or form.  Enjoying something without repaying the creators in some fashion I would consider stealing.

Still, if your only options are "pirate and play" and "never play ever" I wouldn't hold a grudge over pirating.

This is a very good question. I hope you don't mind if I quote Tomato.

Well, there is no way to repay them now.

That being the case, would you find it similarly unjustifiable to buy a copy off of eBay? Extending from that, is it now morally unjustifiable for anyone who doesn't buy a game new to play that game?

Concering the ROM: meh. I'm 100% percent against pirating things that are still available but things that are not and will not be I don't care so much about that. Pick and choose your battles.

Concering it never being released in west: meh. I own it on the SNES (just have to take it back from my sister) so I don't care.

My primary concern is how many other people won't have the opportunity to play the game, more than its lack of release. I consider video games to be a portion of my cultural heritage, and there are certain ones that I would like to be able to pass down.