Does Nintendo solely own the rights, or is it split with.... Konami?
My reason for asking is CN rewards. To my knowledge, Nintendo can only sell games they own the rights to as a reward.
If Ninty owns all of the rights, then they are being very cheap and lazy for not releasing this as a reward months ago.

3D Classics: Xevious has been offered as a reward before. It's a Namco game, but I see no reason to suspect that Nintendo's deal with Konami is much different (if different at all).