Blizzard, the company that created games such as Diablo and Warcraft, operates a free service called Battle.net that provides servers and monitors accounts so that players can play online with others. The EULA makes it clear that the accounts, characters, items, etc are all owned by Blizzard (or Battle.net - I don’t recall, and I don’t think the distinction is important).
The boxes for these games have a statement that one of the things included with the game is “FREE* ACCESS TO BATTLE.NET!” or words to that effect. The asterisk leads to a statement that such access is subject to the terms & conditions of the EULA.
The EULA also contains a standard reservation of rights on the part of the company to change the terms & conditions at any time.
Periodically, a debate comes up on one of the various Diablo II boards that I follow. The question, usually brought on by rumors that Blizzard is being sold, asks whether the new company could legally start to charge for access to Battle.net. The consensus is that it would be stupid to do so, but opinions vary wildly, with the “No” crowd claiming that charging for access would constitute false advertising. My gut tells me that it’s not a valid false advertising claim, but I can’t justify it.
Would this change in the EULA constitute false advertising? If not, why not?