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JWeinCom said:

Showing that a different development team made the game (which I'm not so sure is what occurred based on Otter's point) would indeed be relevant to the discussion of whether or not it is reasonable or fair for Nintendo to charge extra for the content.

Quick note on this: I believe “different team” may have been a poor choice of wording on my part. Same leadership as base game, but the devs being led were entirely separate from that of base game. This clarification should not discredit the original argument, however, as this would still suggest Emerald Rush as not being a product of the base game that was sliced off and saved for later, but was a separate project intended for release at a later date.