I have finally gotten a letter back from Steve, a person working at Sumo Digital. He wrote, and I copy and paste:
Thanks for your feedback!
ToeJam and Earl were characters we did want to include in Sega Superstars Tennis. Sega had looked into it, but it transpires that the rights to the characters actually belong to someone else.
I know Sega tried to resolve this so we could include them – but this wasn’t successful.
As such – though we again proposed their inclusion for Sonic and Sega All-Star Racing, it’s looking unlikely to happen at this stage.
Which is a shame, especially when you’ve pretty much covered our thoughts with your ideas, although we’d have them working together as a team in one car
Hopefully there will be some classic Sega characters that you do like in the final game though – keep an eye on Sega’s website as we’ve got more than a few to announce yet – and some classic ones included in that list!
So, that's how it stands. ToeJam and Earl can't be in, right?
If we work together, and demand we want them out of Sega, they'll have NO CHOICE but to put them in. And I'm not buying the whole "Owned by someone else" thing. ToeJam and Earl Productions (AKA JVP) is no more, and Sega of America is the TRUE owners of our funky heroes. So kellie, if you read this post, take note that I will not rest, I will not sleep for an instant, until I gurantee that ToeJam and Earl are in!