The updating of these skins, so they could be distributed, I believe would have to done by the original skinner or their permission to update given to another skinner. 

I did a quick search on WC and only found a screenshot of Metroid and nothing for the other.  The write up on the screenshot shows that it was only released in Europe and was never uploaded to WC.  Doesn't look good for an update. 

The original skinner, Pixtudio, is no more. Won't be a problem.

From my understanding they would still own the rights to it, so yes it would be a problem.

Oh, yes it will be.

Both principals of Pixtudio are still 'around'.....and besides that, those works FOR Nintendo were commissioned BY Nintendo.

The permission you will need to seek is Nintendo's.... and they won't be relinquishing control of their IP any time soon.

I'm afraid you'll be stuck with something that worked on XP but not on 7 - 8 - beyond ...

I honestly don't see that being a problem. They were originally offered for free, we're still offering them for free. Have you seen how many Themes with Nintendo IPs there are here? How long have they been here? Nintendo hasn't taken them down yet. Can you imagine Nintendo going saying, "Well that thing we offered for free 10 years ago and stopped supporting and caring about is being offered for free once again. Lets sue some random guys on the internet." 

And Pixtudio doesn't own the rights for it because they don't own themselves anymore.

Still open guys!

Weboh, I feel I must inform you that if Jafo says it's a problem, trust me, it's a problem.

Jafo is THE authority here on such matters. Usually he has the last word.

Just a heads up. 

Weboh... if you wish you can wait until Alexandrie and/or treetog see this thread and respond, however they will only inform you that those Windowblinds/skins were a COMMERCIAL enterprise between themselves and Nintendo.

When an artist's [skinner's] work is commissioned the client/customer invariably controls distribution rights - unless agreed otherwise in contract.

The ONLY way an individual could alter/update them would be for him to do that himself...AND NOT publish/distribute the result to a third party by any means...

I think what everyone is trying to say is that Pixtudio was paid by Nintendo to make the skins, therefore once completed and probably via a written contract Pixtudio then lost all right to those skins as they were now owned by Nintendo. The only way they can be altered is with permission of Nintendo. I myself did several skins for other companies, some of them now out of business, but I cannot alter/redistribute them without violating my contract with those companies.

I contacted Nintendo of Europe for permission, and this is what they said (emphasis mine) : 

Thank you for contacting us to request for permission to use Nintendo properties, unfortunately we are not able to grant such request. As we receive thousands of requests on a daily basis and we do not have sufficient resources to review them all. Therefore, our general policy is to decline requests for permission for the use of Nintendo properties.

However, even though we are not able to grant permission, use of Nintendo's properties without formal permission by Nintendo may still be allowed under the relevant laws of the particular jurisdiction involved. Thus, we encourage you to seek the opinion of your own legal counsel if you have any questions about whether your particular proposed use is permitted without Nintendo's authorization.

Soooo.... is it still a go? And if not, we can at least make themes based off these, right?

In that case I'd at least get some kind of permission/acknowledgement from the original creators, that being Alexandrie and treetog, before continueing this project.

That is if you dream of having a hope in hell getting/keeping the respect of the users of at least this website - let alone getting it passed moderation.

Again the answer is 'no'.

As Snowman said...the original authors of the skins will need to be approached first.....as there is no indication [from Nintendo] as to their level of control of the copyright specifically in this instance [because they claim to be too busy to check].  What is needed before they way would be clear is reference to the contract between Pixtudio and Nintendo.

I expect, however that Pixtudio will still retain rights, not withstanding [lack of] response from Nintendo...

I am sorry, I cannot give you any kind of permission for doing that,we were hired by Nintendo for doing that job, all the rights belong to them, they are the only one that can give any kind of permission.

Best,
Renato C. Veras
a.k.a. treetog

PS: Jafo (frenchie), once again, you are correct 

So Nintendo owns the rights and they're indifferent. I seriously doubt Nintendo would go after us for this. Can we at least go ahead and see what happens?

Well the maker of the skin and the site admin have pretty much given you an answer.  I don't see this happening.

Now I like your use of 'I', 'us' and 'we' in your reply.   Just out of curiosity what responsibility are you willing to accept under a scenario where the updates are done and Nintendo does decide to take action? 

No.  You can't go ahead and "see what happens".  Pay attention.

If you were able to make them yourself for your own use there would be no legal recourse from the copyright holder.

If, however, a third party were to make them and 'distribute' them to you [alone] it is the act of 'distribution' that would be actionable under copyright law.

If you were to 'publish' it/them via a website for others to download then the acceptance of them BY the website would expose them also to action by the copyright holder.

This isn't a 'hyperthetical'...as it has happened in the past.

I, along with MANY skinners have done 'their own thing' - for our own personal use.  There IS NO issue with that....

PS., Chinaman...you old dog....hang out here more often....or else....

Learn SkinStudio Weboh and make the WB for yourself only. If you try to upload it to any skinning site most likely it will be rejected because of copywright issues. Can you afford the legal hassles?

This is so funny. Take notes and give it up,Weboh. 

Such a simple answer that isn't being grasped.  You could only make/modify the skin for yourself with no distribution.

Otherwise....NO.

All responsibility, but as I mentioned before, Nintendo WILL NOT take action. If they don't have time to review requests to use their copyrighted material, they certainly don't have time to scour the web looking for people using it without permission. Even if they found it, they'd be highly unlikely to take action, because they are losing no money or anything on this, but a lawsuit would cost them money. It wouldn't be worth it.. They would spend the time money and effort taking down sites hosting game ROMs that lose them money. Again, Nintendo would lose absolutely nothing on this, so would not bother taking legal action. Why is this such a big deal? Nintendo won't care, so neither should you.