I agree with Floydical, Kishi obviously drew that panel of the two brothers a long time ago in the manga, and it wasn't even a very clear panel in the first place. He probably changed his mind about the "spiral rinnegan", since with the story now it doesn't fit all that well. I don't think you need EMS to get the Rinnegan either, all EMS does it make it so you don't lose your eyesight if you use MS to much, it hasn't been said anywhere that you NEED EMS to get Rinnegan, you just need Senju DNA. Hell Indra probably didn't need "Senju" DNA if he got the Rinnegan anyway, since he was his father's biological son, he was close enough. Although I don't think it makes sense that Indra could possibly get EMS, he was the only one with the Sharingan, even if he had sons or whatever, you have to remember that not every Uchiha can even activate normal Sharingan, let alone MS, so even if he had sons there's not guarantee that they even had Sharingan. There's only been what, 5 people who have activated MS in the first place? Itachi, Sasuke, Madara, Izuna, and Obito/Kakashi(Kakashi only activated it because Obito did, so I count it as one person). Well make that 6, since Indra obviously had MS since he used Perfect Susanoo. And just because he used PS doesn't mean he had EMS, we don't know if you need EMS to use PS, since the only people who have ever used it are Madara, and I'm pretty sure Sasuke used PS with Naruto against Obito when they joined together. For all we know all Susanoo users can use PS if they are strong enough, hell Itachi might have been able to use it, but he never even had a reason to so we'll never know.