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The artwork/music being behind amiibo doesn't bother me at all. Most games don't come with artwork or music included. Many times, they're limited to special editions which cost an extra $20-$30 more. If Nintendo wants to stick that in as an extra little bonus for people that buy their figures, that's fine to me. If you don't want to buy the amiibo but still want the stuff, then hey, all the artwork and music will be uploaded online for you to enjoy for free within a week, tops. Same as any limited edition that comes with artwork or music.

The Fusion Mode bothers me a bit more. It's not as bad now since a hard mode is included, but it should still definitely be in the game (although I'd be fine with the Fusion Suit aesthetic on its own being withheld to amiibo owners).

With that said, if you think withholding a hardest mode pales in comparison to what Activision, EA, or Capcom has done, then I don't think you're paying very close attention to what they're doing. That's not a defense of Nintendo; Nintendo's certainly in the wrong here, but this is nowhere near as bad as some of the shit those companeis have pulled. If you want to see some truly horrible DLC practices, check out Asura's Wrath or Dead Rising 4's "true ending" DLCs.