The Mother/Earthbound fandom is the loudest on the Internet. It's also the unluckiest. Earthbound was a commercial failure on the SNES. Mother 3 just ain't never gonna doggy-paddle its way here (officially). The first Mother game was dressed up for America, but was pulled at the last minute. And now it's looking like Earthbound won't be granted its long-awaited heroes' rest on the Virtual Console.
“Oh God. What now?”
The problem is beautiful in its irony: because it's such a thorough, loving tribute to the best and most creative bits of pop culture, Earthbound is also a fat target for copyright lawyers, IP theft paranoia and the bureaucracy bred by the same culture (that's irony, right? Right?). Earthbound's soundtrack alone uses a lot of samples from other songs, from The Who to the Monty Python theme.
Shigesato Itoi makes no secret about his love for the Beatles, with John Lennon's “Mother” being not only the series' namesake, but its very foundations. Unfortunately, Apple Corps' sense of humour is about as sharp and attractive as a wet dish rag. Every IP lawyer in the world carries a list in his or her pocket that's titled, “I'm Just Not Going To Fuck With This,” and Apple Corps is on the top of each list.
Interestingly, the sometimes-emotional Earthbound supersite Starmen.net is looking at the situation from a very logical point of view:
You might be thinking, "sampling/references aren't enough to bring a lawsuit", and you'd be right. But it's also true that not everything in EarthBound is simply sampled/referenced, and even if the game was technically legal, that doesn't mean lawyers will be comfortable with it. They get paid to avoid lawsuits entirely, not to get sued and then say "here's why this lawsuit is stupid".
Starmen.net also notes that someone, somewhere, didn't want to “play ball” with proposed alterations to the game. Nintendo of America's lawyers apparently offered suggestions on how Earthbound could be made into a “safe” release, but Nintendo Japan wasn't interested in the changes for some undisclosed reason. It's not even known if Itoi was involved somewhere, somehow.
Maybe a clearer reason will be forthcoming, but for now I guess there's not much to do about the fate of Earthbound except cry many Mr Saturn-scented tears.
Related Links:
The Mother 3 Translation: We're Not Worthy!
Earthbound's Secret Evil
Earthbound's Other Secret Evil