When it was first announced, it was implied that it would be everything, and that the "dead tree" T5 would be a subset, with all the supplements being more from the CD. No sense of Beta, just all-in-one preorder.
It soon became "It's a beta for the Dead Tree T5"... now, it's an Alpha.
That's a major change in focus; it borders on false advertisment. (Ty, got a read on that?)
Well, I suspect that Marc would refund anyone's money who was dissatisfied, so no harm, no foul.
In Texas, like most states, we have laws against deceptive advertising, and a separate deceptive trade practices act (DTPA):
§ 17.12. DECEPTIVE ADVERTISING. (a) No person may disseminate a statement he knows materially misrepresents the cost or character of tangible personal property, a security, service, or anything he may offer for the purpose of
(1) selling, contracting to sell, otherwise disposing of, or contracting to dispose of the tangible personal property, security, service, or anything he may offer; or
(2) inducing a person to contract with regard to the tangible personal property, security, service, or anything he may offer.
...
(d) A person who violates a provision of Subsection (a) or (b) of this Section is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $10 nor more than $200.
Note that this statute requires intentional misrepresentation. If product specifications change, I don't think there would be deceptive advertising (unless the now-inaccurate ads were intentionally left up to mislead others into buying the product).
The Texas DTPA allows for treble damages and legal costs, but imposes a regime of notices and opportunities to settle that effectively allow these things to get settled early if both sides are acting reasonably.
And many of the outrageous claims made by many RPGs would probably constitute deceptive advertising ("fast-playing", "realistic", "comprehensive")
