After failing to find a publisher for his Intellivision Lives DS compilation, license holder Keith Robinson decided to submit the compilation to Nintendo for approval for a possible release on the DSiWare service. Unfortunately, Nintendo shot that idea down rather quickly. Mr. Robinson made the following statement regarding the reason he was given for the sudden rejection by Nintendo.
Nintendo made mention that in the policies for WiiWare and DSiWare development, the company does not allow games that run under emulation.
It would seem that Nintendo only allows the use of emulation on their Virtual Console service and certainly not anywhere on their WiiWare or DSiWare download services. It appears the only emulation the DSi system might eventually see is that of a DSi Virtual Console. Could this be an upcoming announcement for Nintendo at E3? We certainly hope so. But we would have still liked to see this cool Intellivision compilation on the DSiWare service.