You know, Gametap is such a great service that just never found a way to get to its audience-which is gamers-and that's kind of sad. Whenever anyone I recommend Gametap to actually tries it out they can only tell me how amazing it is and how they can't imagine how they lived before it. It's easy to get really really lost in their catalog-which makes seeing them go down like this harder.
Unfortunately, these days you come across a LOT of these kinds of legal issues from games that came out in the early to mid 90s. Crazy buyouts, fire sales, and the like make big problems for places like Gametap and GOG. I don't even know for sure if Interplay still holds their old licenses-they've been passed around like crazy. Titan had them, Atari had them, etc but being as a lot of the Interplay catalog is on Gametap, Interplay might have them all to themselves-i'm sure Gametap absolutely jumped on the chance to have Fallout, Descent, and MDK in their libraries, and of course Interplay needs the money. The Genesis versions of EWJ and EWJ3D showed up earlier on Gametap then the bulk of other Interplay games, so maybe someone else entirely has those licenses?

I would happily pay six bucks for a EW1/2 combo dealy thing.
It's that, or go search for my Genesis.

I remember playing it back on the Genesis way back when... that, and Booger Man. Flying with farts, doesn't get much better than that...

It is worth noting that the Sega CD version of EWJ added a new level. The PC version is the only version that used a full 256 colors. It also had the extra levels, making it the definitive version of the game to play.
EWJ2 has enhanced versions released for the Saturn and the Playstation apparently, although I have never seen the PSX version.

I see it is now listed as coming soonish: http://www.gog.com/en/gamecard/earthworm_jim_earthworm_jim_2
yay! :D

Wow. I got my wish.