I'm not positive on how accurate I am when I make this assumption but...
I recently emailed Nintendo about a previously unrelated issue involving distributors and they replied saying that once the distributor has the product they can essentially do whatever they want with it to distribute it with some set boundaries such as street dates.
I don't think SE could really take any legal action against them, but that doesn't stop them from saying " hey, stop doing this or you're not getting our support anymore ".
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Brawl is like ZSS' breasts. Well rounded for casual players.
http://i52.tinypic.com/2llhfrc.jpg