That Venom zombie is actually not from Marvel Zombies, it's unique to Secret Wars. Venom dies in the actual Marvel Zombies book because the symbiote can't stay on an undead host.
Yes, but it's still a Zombie costume, and if that were really the loophole, it's one that Gaz could use for the pretty much the whole roster if they were so inclined. I mean,someone at Marvel had to approve the costume and give Netmarble the go ahead.
It's just a really hazy thing, trying to figure out how Marvel's contracts with these teams are, is all I'm saying. And from the sound of things from all we've heard over the years, it seems like the flip flop back and forth constantly. I would love to be a fly on the wall for some of how these decisions get made, honestly.