It seems there was some confusion as to whether Nintendo was allowed to put Donkey Kong 64 onto their Virtual Console service, over the last weekend. A recent post through Rare's Twitter account stated “What’s with all the ‘let Nintendo put DK64 on Virtual Console’ emails over the weekend? It already belongs to Nintendo, you crazy kids.”
The 'Tweet' clears up any confusion that some fans may have had about the ownership of Donkey Kong 64 and reaffirms that it's Nintendo's decision to add it to the Virtual Consoles library. The likely reasoning to why it hasn't been added to the Virtual Console, so far, is due to Nintendo neglecting the service recently, especially with Nintendo 64 games.
Did you have any confusion about the ownership of DK64?