Quote from Nintendo.
"In addition, regarding the possibility of making all titles available on Virtual Console, I can say that it is possible for Nintendo titles with a few exceptions, since we generally have the intellectual property rights for such titles. However, as to third-party software publishers' titles, if they are producing the software based on a license from another copyright holder, for example, we may not be able to easily use the same title for the system that exists now because we do not have a license from the copyright holder at the time. This often becomes a problem with reruns of TV shows or Internet broadcasting. Therefore, since we can only release Virtual Console titles of third-party software publishers if they come to an agreement with the copyrights holders upon negotiating terms and conditions that were not included in their original contract, please understand that there are some titles that we cannot easily release despite many requests. We will make our best efforts to satisfy our consumers with our Virtual Console title lineup."