There's no way to know if MJ's estate truly got hip to the Sonic 3 thing, unless someone wants to ask John Branca somehow. But a lawsuit over the OST was apparently in progress a few years ago, so something's up. The thing is that I'm not sure if Brad was a part of that suit. Bobby Brooks got super defensive when asked about the OST, but Brad has talked about it pretty freely since MJ died, so I dunno. Also, and this is just me spitballing, but there might even be rights issues with the beta music, and it wouldn't be the first time something done in house by Sega had licensing issues. Sonic CD's 2011 remake almost didn't get the US soundtrack because of hangups with Spencer Nielsen, I believe. It's either that, or they don't actually have the actual beta music anymore, other than what was programmed into the prototypes.