Joseph Mallan, on 22 May 2015 - 09:56 AM, said:
And everything you are sold is Content in the game. I don't see the distinction you are trying to make. Are you going to use any of the sales items anywhere but in this game?
You don't see the distinction because you don't want to.
Content is something that can be found in the game.
The terms of a sale cannot be found in the game and are not covered by that boilerplate legalese.
They could change the items that they sold us, but they cannot change the terms of the sale based on that boilerplate language. It's not the perfect "out" clause that you seem to think it is.
But as you said in a different post, they can change or do anything they want as long as they're willing to accept the consequences, if any. They could shut the game down tomorrow if they wanted to, but one likely consequence of that action would be everyone demanding (legally) a refund for their outstanding preorders.
My guess is that they'd really like to be able to offer a Phoenix package to Steam players, and were hoping to be able to re-use the original ones so that they wouldn't have to do any work. Looks like they're going to have to work for it after all.