Any 3rd party, and or second party owned ip can be brought to live if those parties so desire. We have already seen this with games like castlevania symphony of the night, sonic, vigilante 8, and others. To clear up what confusion there seems to be about rare and the thinking that everything they made for the 64 has to be green lit by Nintendo:
IP's rare owns such as banjo and perfect dark now belong to ms. Things like donkey kong country, programed by rare using Nintendo ip will not be on live.
Goldeneye 64 is a unique situation because it is less straight forward when it comes to ips. As far as is understood, Nintendo would be involved in the ip path as they were the company to secure the bond license for the 64 game, and then commissioned rare to make the game. Not to mention the bond license with regard to games is now in the hands of activision I believe. There are conflicting stories as to how all the ips intertwine. The bottom line is, its not as straight forward as dealing with a wholly owned first or 3rd party ip.
I hope this helps clear some of the confusion up.
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