First off, to prove this is the 4ths Jutsu: (Provided the Translations are correct)


Chapter 122 ("Two" should be "To", Spelling mistakes are your friend, good job translators anyways, )


Chapter 122


Chapter 124

As you can see, the 3rd learned this Jutsu of the 4th's, either before Kyubi attacked, or during, I believe its during the sealing process though...

This also shows that most likely Orochimaru wasn't present for the Kyubi Event...(ie, becoming a missing-nin)

If Itachi was there for the Kyubi Attack, perhaps he might know it, but I would doubt he knows...

*Speculation* (Sorry if its already been brought up)
Perhaps Itachi decided to test his own skills (killing the rest of his clan) because of the Kyubi Attack?
*/Speculation*

I also believe Jiriaya might know this Jutsu...if contested, I will try to dig something up later...

Hope that helps to clear up some things...

- Reason -