Their solution was to rename him to Herlock Sholmes; he's very clearly a parody, and parody falls under the rights of fair use. I do not believe for a second that complications arose because of that, and even if it did, that arises another thing you've missed; Capcom didn't care to pay off for the rights and preferred to just sit on the game. So that automatically also runs counter to what you're saying.
Ace Attorney is neither a big or even medium franchise, and has had virtually no demand within smash in the past. There is no conceivable reason to expect Phoenix Wright to be CP11, and AA does not inherit "capcom priority" or whatever. Such a thing does not exist; take the Capcom content we do have or leave it, it's already a ****ton anyway.
Yes, characters can be added for reasons other than "fan demand" or "ballot presence". Nobody is disputing that. Phoenix Wright is not in a position to be considered any other way, though, because unlike Tekken, AA is a miniscule franchise that has not been getting any content for four years.
I am surprised. It seems like you dont know. There is a character named Herlock Sholmes. There are many references to that character and Arsene Lupin in Persona 5. That is because that particular IP has finally fallen in public domain unlike Sherlock Holmes. Funnily enough, Herlock Sholmes was created by that author to avoid coright infringement on Sherlock Holmes. So, it wasnt just a name change for parody purposes.
But you are wrong, you said so yourself. Here are YOUR WORDS on the subject of his demand:
First of all, there WAS demand. I won't pretend there wasn't, I was lowkey part of it. However, because I was part of it, I know that it was ABSURDLY miniscule. It was basically just me and 5 other guys. There was very little demand whatsoever. It was only a bit above Crash, who was also dead at the time.
Also, what Capcom priority are you talking about? Nintendo and Sakurai makes the picks. The company might say no but they arent the ones choosing which become the characters and which the Mii costumes.
And to the point of amount of content, I say "So what?" Whether Capcom has the most content doesnt matter. If anything, it means that they are more willing to work with Nintendo and give them content. Terry came with more songs than any other DLC character. Base game, there was almost nothing SE related and they added 3 characters. In smash 4, they accepted the model of Rayman and added it as a trophy. Its not like Nintendo is trying to fulfill a quota and there is a limit on how much content a company can give. If anything I am sure Nintendo would be fools to reject getting more content from 3rd party companies just because "there might be too much content".
As for why Ace attorney. I dont know. It might be the shared nintendo history. It might be because its a pretty notable game in the visual novel arquetype. It might be part fan demand. It might be as simple as Sakurai liking the series like with Terry. If you put all of the DLC characters and try to put them all in a single box. I assure you that you will fail because the only thing they all share in common, ists that they are videogame characters.
I will point out that I am NOT a supporter of AA for the last character. If anything he falls into that same category as getting a Rhythm Heaven character. It is a cool idea and I would definitely be behind it if it happens but its not who I am hoping or expecting. My stance remains the same. I am hoping for Paper Mario and Isaac and I am expecting the last character to be first party. But I just wont stand here and see you deface AA with a false representation of the series standing. Its currently Capcom´s number one choice and it has some fan demand and popularity behind it. And no, Capcom doesnt have secret vendetta against the series. Yeah, there are many reasons for the series to not get in but "too much content" is not one of them.