Saddly, it won't happen. I informed the magazine that TBP cannot be included on their DVD because of issues with the German law (the magazine is German). They not only state on their website when to warn them, I know what problems could arise as well, since I am German myself. The game has not been rated by our video game rating agency called USK and may therefore not be spreaded freely by published magazines.
Not only that, but I think it would be a license infringement to distribute it as part of subscription deal.
Subscription = people pay for it;
FS2 Open code = can not be sold in any form legally;
Babylon 5 intellectual property = big big trouble if you start selling stuff based on it without proper licensing.
These reasons alone would have prevented legitimate distribution on a magazine DVD.
If they were to host the game on their servers, there would still probably be problems with Germany's specific copyright laws - I remember a WH40k fan film got axed because if Games Workshop allowed it to be shown, they would have lost all copyrights on Warhammer 40000, or something about as retarded as that. So, Time Warner would likely have been opposed to the distribution of the game on a magazine DVD / subscription download, or face the risk of losing their Babylon 5 IP rights in Germany.
If all these copyright / intellectual property law issues had been solved, THEN the rating issues you mentioned would have became relevant.
Like you said, though, TBP is still a cool game.