Kick start no... an ambulance chaser maybe.
http://en.wiktionary.org/wiki/ambulance_chaser
False advertising would be difficult to prove, in that most of what was discussed feature wise were part and parcel of marketing hype and interviews. Not a part of the advertising itself. Could go for damages, but again that is difficult to work due to proving how one was infringed upon, technically the game "started" which suffices what software needs to do. Start.
Stuff like this isn't new.
http://en.wikipedia.org/wiki/Outpost_(video_game)
From 1994
Following the release of the game, the game's general bugginess and perceived mediocre gameplay, along with the lack of features described in most of the game's reviews and the game's own documentation led to a minor backlash against the computer game magazines of the time by consumers who bought the game based on their reviews.
Sierra gave me a game to make up for my troubles with that POS. EA offered the same thing (although I am sure with plenty of caveats).
More recently...
http://en.wikipedia.org/wiki/Sword_of_the_Stars_II:_The_Lords_of_Winter
A year after it's initial release October 2011...
On October 19th 2012, Kerberos gave the 'all-clear' rating, stating the game is now in an acceptable state and support for the project will continue indefinitely.
http://www.rtsguru.com/game/270/article/1965/Sword-of-the-Stars-II-was-a-Mistake-that-Paradox-Has-Learned-From-CEO-Frederik-Wester.html
Sometimes you're stuck in a situation where you can only choose between two really bad outcomes. Looking back I'm not sure what I could have done," Wester said. However, the hard lessons have led to changes in how the company deals with outside developers, including changes in contract terms, better QA testing in development, and other changes.
Simcity is an interesting specimen. Folks that I know that enjoy a good "builder" generally find it lacking. Folk that typically don't play games (or play them very little) have found it quite enjoyable. The middle (demographic?) has been with people finding ways to go about meddling with the shear broken-ness of it's mechanics, sort of fun, in the play of, it's nonsensical nature.
That is, as a simulation, it's pretty horrendous in that it is hard to contextualize what is being simulated. Although as an oddity, it has "some" merit. As a game, not really sure how much "game" is really here within it's own framework. It didn't really surprise me to see the "art card" get played at the end of the day.
It still seems to generate nonsensical fluff pieces like this... A lot of this "article" is pretty debatable.
http://killscreendaily.com/articles/articles/simcity-textbook-modernist-architecture-and-playpen-future-builders/
As far as the advertising?
I mean... what is this advert actually saying? What could one possibly expect? Simcity has been attempting this online thing for some time anyways... when considering the Java based games, Simcity Societies both of which the recent product is tied to.
I just don't think there is much of a case here one way or the other. Heck I warned people off Simcity and they bought it anyways... all the purchasers have "generally" favorable things to say about it. Sure it's an unfinished pay-to-play alpha/beta surrounded by hype and nonsense that isn't really "in" the product in any tangible way... but... unless the vast majority of purchasers are in consensus as to the "state" or "nature" of the product... what kind of case is there to build upon? Shrug.
Again, Lucy B. stating that Simcity is an "mmo" pretty much says it all. It's right there on hollowed ground with the auteur of artistic vision.
Not saying it's right... hardly. With video games not even coming close to "toys" as far as a quality control and legal responsibility... just not sure that there is "anything" that can be done as far as restitution.
One, this was an entirely hypothetical amusing thought, not to be taken seriously. Two, in my post I put crowd fund, not necessarily Kickstarter, as I know Kickstarter is more of a business thing.
