He probably wont be included official fantasy baseball leagues like Yahoo either. If I remember correctly, Lavar Arrington sorta did the same thing (he didn't join the NFL Players Association or something of the like) and you couldn't draft him in Yahoo leagues that play IDP.
Im sure videogame companies will pay the money for his likeness. Theres really only 3 Microsoft (who bought the rights to High Heat Baseball), EA Sports and Accliam. But it sorta reminds me of when Jordan was never really in games because companies wouldn't pay him for his likeness.
Sports Video games are a much bigger business now though.