I don’t see how it being software makes it different than any other good.
If I advertised a car with GPS and promised next year it will be updated with live traffic data. Then I just sold a bunch of cars and decided, nah thats expensive, I am just going to leave it as is. You better believe lawsuits would be headed my way, I don’t see how this is much different. In both examples you can still use the product, it’s just not the product that was ultimately promised. Maybe I would have bought a different brand of car that already offers live traffic on their GPS, maybe I was willing to spend more on the game/car because the feature that was promised, never came.