Both these "rules" are going to get broken eventually. The second one has already been stretched way past its original meaning in the past ten years.
I don't know know what you mean about it being stretched? It looks to be the formula that Nintendo has put into place as part of its decision making process. How have they stretch their own set guidelines?
Is the second one an official Nintendo requirement or one of the (dozens of) rules fans have made up about who Nintendo allows in Smash? As far as I recall the only rule that's ever been stated by Sakurai is "from a video game", but I could be mistaken.
On the subject of it being stretched I'm referring to Cloud (and the breaking of many fan rules but that's less relevant). The popular line used in fan conversations used to be that the character had to be on a Nintendo console, which Cloud was considered to be a breach of.
Regardless I think we'll be seeing a Lego minifigure sooner rather than later. Shock value has become a key part of SSB advertising.
Speaking of which, Reggie said that video game characters don't need to have close ties to Nintendo to appear in Smash. (He said this after the Joker announcement.) He also said that the characters would be ones who aren't anticipated/expected. This rules out most 1st party Nintendo characters imo.