Edited: I wouldn't be surprised if we are going to see Ken Mii Costume and Chun Li Mii Costume for Mii Fighter
If we don't get a Bison Mii Brawler, both Mii Fighters and Ryu would be for naught.
Also this might apply to K Rool, but seems more about Waluigi.
Wait, how does it apply to K. Rool? Because of the costume?
Personally, I think that disclaimer was directed towards Banjo & Sora. We put those 2 in the "No Hopers" pile long ago, but we also think about Smash for more than an hour a week. Those 2 are some of the most popular characters, especially with casual players who could care less about the ballot. They also meet all 4 criteria plus Brawl's old "Must be a video game-original character who has been on a Nintendo console" rule, too. They can't just be thrown out like votes for Goku or Shrek.
Granted, Nintendo doesn't seem unopposed to working with the 2 conglomerates that co-own these characters; they've had deals with Disney before, and someone just found the Windows Logo has a Mystery costume in Mario Maker. But I doubt they'd work with them for Smash. Meanwhile, a number of people are chomping at the bits for those 2; the group I play Smash with IRL is convinced we'll get Sora (Barring the one guy who only wants King Hippo; he knows what's up). Just because they're mostly-silent in speculation threads doesn't make them any less popular. That disclaimer just gives Sakurai an out from making them.
Do you guys think we could get a clone or two if they finish all the other DLC characters before schedule?
Probably! Although I feel something Smash-related will happen at the NX launch. Nintendo likely learned from the Wii U launch about having strong launch games, and a Super Smash Bros. for NX: Championship Edition is an easy way to give them a strong, multiplayer-driven launch title. Melee sold GCN's, and Smash 4 sold Wii U's, so it seems like a good idea to have a new Smash at launch, even if it's only an up-port.
My guess is that, after Bundle #2, we'll get a clone or 2 to keep the spotlight on Smash before the NX version. Either that, or the team'll use that extra time to prepare for the new game. No matter what, I don't expect the team to slow down, even if some members of the crew sit this one out.