By your logic, if I release a drug not mentioning it will kill you while knowing it will, I am not guilty of false advertisement even if I send it out for free knowing this will be published.
Murder sure, but not false advertisement.
If a game is being sent out without a performance limiting software with a clear plan of introducing this for the retail version, I would argue it follows the actual definition.
Quote: «the crime or tort of publishing, broadcasting, or otherwise publicly distributing an advertisement that contains an untrue, misleading, or deceptive representation or statement which was made knowingly or recklessly and with the intent to promote the sale of property, goods, or services to the public».
It’s deceptive. There is no arguing it. You seem like a bright dude arguing a moot point in to deep to accept being wrong.