Let's get this straight... we're talking about a character who, like Penguin before him, represents the wealthy corporate villain, a reflection of what Bruce Wayne could do with all his resources if he turned out to be corrupted, and who has penchant for trying to attain the elite status that comes with his family name by defeating a business rival, Wayne... all those are things that Cobblepot did before him.
What's left to the character? He wears a black skull mask... and is called BlackMask.
Don't make me laugh. There is an actual concept that comes with the word "originality" and you respect that. Besides, the actual Penguin hasn't been done in any Batman film. And I'm sure you get my point.
Penguin is a character that lends itself to many things that are not comedic at all. Remember Phillip Seymour Hoffman's character in MI3? That was the Penguin. A chubby internation arms dealer with the clean public image of a socialite who attends expensive parties, but also the coldest vilain in the series, an strategic genius who knows how to use technology in his favor.
If someone should rejoin the almost dismantled Gotham mob organization, that should be the Penguin, the calm, collected and ruthless mobster who will not stop at anything to gain power, anm strategic genius capable of not succumbing at the batman, and one who will have so much high-tech weaponry at his disposal that Batman won't have his technological edge anymore over the mob.
That is a formidable foe. And since Oswald was first than Sionis, and Sionis has no better things to offer, Oswald should go first.
Yes, I am a proud Penguin fan. Let's do justice to the character once and for all.