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https://www.reddit.com/r/aoe4/comments/16mykda/tldr_the_sultans_ascend_dlc/
According to this reddit post that proves i'm not going crazy they removed "Free for game pass subscribers" at some point. They knew they'd lose money and they thought "hey lets just go back on what we said"
Legal stuff is not black and white. That's why we have courts. I'm not a lawyer, so idk how the law works, but I'd be incredibly surprised if it said that if anything you wrote is false for any reason you will be held liable even if its immediately corrected.
I don't know for sure how it'd play out if it went to court. Well, assuming someone rich sued them, if you sued them I'd say 99% chance you get crushed by microsoft lawyers. But I think its pretty likely they'd win. And if they'd win in court, for all intents and purposes its legal.
Also who cares about people who didn't pre-order? There's an incredibly easy solution for that... just buy it now. There's no difference, other than by buying it now you get to see what you're buying instead of just hoping its good. The only people who this affects negatively in a way that's not idiotic is people who saw the advertisement and bought game pass thinking they'd get the dlc. I bet that's not many people.
You understand that the United States has corporations who are responsible for hundreds or thousands of people's deaths... and get away with it. They're not going after microsoft for accidentally putting "free for game pass" on the store page and then swiftly correcting it before release. On the optimistic side the FTC will pick its battles, and on the pessimistic side they just don't do anything.