
"A few years ago I made a post explaining that legal issues were the cause of why EarthBound isn’t on the Virtual Console (see here). The quick summary is that NOA wanted to make some changes to the game to avoid legal issues, but NCL didn’t want to make those changes.
At the time I made the post, I was asked by our source not to mention specifics. After some prodding recently, though, I was finally given the OK to list the specific issues, which are:", writes EarthBoundCentral.

Ever play a game a game only to discover at some point it transforms into a horror game? No? Well Netto's Game Room shares six games that do just that!
Not necessarily a ‘horror’ moment, but I remember feeling really tense and anxious when the Flood were first introduced in the original Halo. I never felt more on edge or nervous in that whole game as that moment. I think it was the whole buildup that something terrible was coming but you didn’t know exactly what.
Another non-horror game that had me feeling it was Subnautica. The deep dark depths, and knowing that sea monsters were lurking nearby, had me jumping at every sound.
I remember being scared of the Asylum level in the most recent Thief game from 2014.

Many indies try to capture the magic of Nintendo's urban RPG, but the game that comes closest is SEGA's crime drama, Yakuza: Like A Dragon.

IGN writes: Mother 3 is one of the most hotly-desired RPGs ever, having never received an official translation in North America despite the cult popularity of its predecessor, Earthbound. But over all these years, series creator Shigesato Itoi has never weighed in on the discussion - at least until now."
just release it alreadys!
*sigh* Nintendo, i can guarentee you'll make plenty of money if you release it. Just change the THREE SONGS that are causing the issue.
One thing that always bugs me is that they have the nerve to release crap shovelware, but not releasing this game? Yea, genius move at the Nintendo marketing division....