Sorry if this is old, I just haven't seen it mentioned here.
SourceThat hurts the N64 line-up. Certain Rare games such as Diddy Kong Racing and Donkey Kong 64 are still possible, it sounds like, but totally original works of Rare's including the two Banjo-Kazooie games, Jet Force Gemini, and Blast Corps are off the list.
And what about pre-N64 games? While Donkey Kong Country is likely to be in Nintendo's grip, what about Solar Jetman and the Battletoads games and PinBot?
Now-Microsoft-owned-Rare is likely going to have their shooter/arcade games released on the Xbox Live Arcade's service, which to be honest, I'm not too familiar with, but sounds a lot like the Revolution's Virtual Console. GoldenEye 007 (once navigating the legal minefield of who has the rights and who'll get the profits), Perfect Dark, and the two Killer Instincts will probably be there.
I actually really liked the ludicrousness of Killer Instinct and the collectomania of DK 64, at least a lot more than other people seemed to. GoldenEye is like a license to print money, and it's a shame, especially if anyone had taken its inclusion in that survey a while back as any sort of hope that the Revolution could have it. The N64 was Rare at its absolute finest (Grabbed by the Ghoulies, WTF?) so maybe that's why Microsoft is intent on holding onto them, even if an Xbox 360 owner doesn't seem to be the type to want to play with a teddy bear who likes to collect honeycombs.