WWE must own the theme or something. His music used in WCW/WWE was never duplicated on commercial DVD releases (I believe) or video games either, so that may have had something to do with it.
All in all though, I like his theme in TNA - its close to the original.
it was on some dvds and most of the video games, but wwe did not produce it so they cant own it, its stock production music (it was even used on an old episode of kids in the hall)
I guess it doesnt matter
I'm pretty sure it's public music. Just the fact that WWE added "Can you dig it, sucka?!" turned it into a new piece of music, and they own the copyright to that. If TNA was content to bring out the "can you dig it, sucka?!" they could use the original piece of music. But they felt the need to add the catchphrase, so they had to make some genero-music.
Or I could be way off here. I dunno, I'm half-drunk.