This is more of a compliance issue than a QA issue; I'm guessing Capcom didn't fix it in time and Sony probably gave them the OK for their submission as long as it was patched out day 1 to prevent delays in production - hence why others have said they never received this screen. Whether Nintendo is okay with it is a different story altogether.
This is the likely scenario:
Sony: We found this bug. Fix it please.
Capcom: Oh, but if we don't enter disc production the packaged version won't make it in time for the release date. I'll tell you what, we promise to fix it in a Day 1 patch, OK?
Sony: OK.
And then Nintendo has nothing to do with this because it's not their game.