Apparantly it ships with all copies but you can skip past it and play the game just fine.

http://www.kotaku.com.au/games/2008/01/ssbb_bug_confirmed-2.html

EDIT: Fixed link 

http://psx-scene.com/forums/wii-modchips/63798-confirmed-ssbb-has-update.html

Appears to be small, second link doesn't work.

I believe (according to what i've read anyways) that they are shipping the bugged version, but future shipments the bug will be fixed. Basically, it sounds like they discovered the bug, but decided to ship anyways instead of delay again for another week.

From what it says you can just bypass the bug, so no real point other then people not informed getting a little panicked when it gives the error.

Does the bug come everytime you start the game up or just the very first time the game is started? seems an odd bug to miss.

 LOL for a second there I thought you meant that Toon Link doesnt work, cos i hadnt opened the link yet :P

This happens to very few copies on the FIRST time you put the SSBB disc in your Wii. It will update your Wii (just like it did when you put SMG in for the first time). Some Wii's will freeze when the update is done. Just turn your Wii off and then on again and everything will work fine. It is such a minor bug I am surprised it is being reported. No worries everyone. Im sure they will have the bug fixed for the American release anyway.

an error message stating that the game can't start, but it can be ignored and the game can be played anyway....
well that's it smash bros brawl is complete garbage

It's only with a certain version of the firmware, I think.

This is a disaster! PS3 domination in Japan begins now!