Earthbound may never be available on Nintendo's Virtual Console service in the US due to potential legal issues.
Last May the ERSB rated the title, and it was assumed that the SNES rpg classic had made it to the service with no complications. However according to Starmen.net it may have been a mistake. There may be issues with a fair chunk of Earthbound's soundtrack using samples/sounding similar to other commercial tracks.
Apparently NCL won't approve changes NoA have requested, so it seems the title won't be going digital in the West until something changes.