What's the validation error you are receiving?
Historically, the <embed> tag was never approved by the W3C for use in HTML or XHTML doc types. This is why your Flash code isn't passing validation. If you want standards compliant code, you can
1) use Validifyer: turns Flash embed code into valid XHTML.
2) Switch to HTML 5 which recognizes the <embed> tag.
3) ignore the errors.