[quote name='PyroGamer']Konami could still put a port of the Genesis version on the 360.
Nintendo can pretty much put any old games on their VC regardless of who published the game, because they own their Nintendo versions of it. But that doesn't mean that it's exclusive. For instance, the NES version of Contra could still come out on the VC, even though it's on XBLA.[/quote]Nintendo doesn't own every game on their systems. They just charged Konami, et al., for the right to publish games on their system. Deals still have to be inked with the IP and game owners to get a game on the VC, just like they need to be for the XBLA.