Sorry, but your argument is invalid. If they are free to give away applications, then they would not have been required by law to charge for the January App Pack. Yes they did add new iPhone/iPod Touch specific features to the 2.0 upgrade, but they only added Mail, Stocks, Weather, Notes, and Maps in the January App Pack. As everyone knows, Mail, Stocks, Weather, Notes, and Maps are all applications, not physical features for the iPhone/iPod Touch, and thus not tied to the hardware, like the 802.11n MacBook update.
The difference is that the iPod Touch at that time was not capable of having individual applications installed. The result of this upgrade was a different and improved iPod; it wasn't an iPod plus separate applications but one complete product. It turned an old model iPod into the new model that Apple started selling at that time.