This seems rather unfortunate, but I understand Nintendo has always been very very protective about their stuff, maybe even more so than Apple. That is also their right, I'm guessing they don't want to allow their games to any other platform because that could affect the sales of their own devices (frankly I think it would only be advertisement) . Don't think they can really go against the emulators though.

The game situation is sadder though, I've never owned a console besides some ancient one that had variations of Pong, so I don't know if the old classics are still available for example through net for Wii or maybe for DS, but at least there still is clear holder of the copyrights who could possibly republish them at some point.

When it comes to C64 or other old computer platforms, most of the game companies don't exist anymore and it is very difficult to establish who owns the copyrights anymore so it is very hard to legally obtain the games for emulators and it would be risky for any company to distribute them in case the copyright owner would show up and sue them. Which means lot of our cultural heritage will be lost because of idiotic copyright laws.