Please ask yourself...
Do you actually, honestly think that the cinematic trailer is gameplay footage?
Would you buy this game based entirely on that trailer?
Would you research a game further after watching a CINEMATIC trailer before purchasing?
I don't imagine any of you are that devoid of common sense to answer yes to all 3 questions but THAT is what your arguments are currently based on.
You're inventing a strawman 'general uninformed stupid public' to make your case on fraud, legal issues, and refunds.
I LOVE the trailer, and I know it is not gameplay footage, and not I would not buy based solely off a trailer and I would do some other research.
My argument though is not entirely on the point of the trailer not being gameplay, *MY* personal issue is that other than the cockpit scene the majority of that trailer is geared around combat. That implies to most people that the games core focus is combat. If you look at other games trailers, assassins creed, world of warcraft... their trailers are cinematic but they show Orcs fighting Humans (core gameplay mechanic), assassins murdering people (a core gameplay mechanic). So in *most* game trailers yes it is very over the top but it often tells people "THIS IS THE STUFF YOU DO IN GAME".
However if we were to judge the elite trailer by the same perspective it shows primarily combat, which although is in the game, does not seem to be a big thing. I have yet to find a combat encounter outside of the training modules (granted I gave up after a few hours of aimlessly flying towards another generic system), the game is more based around logistics and less about combat. THIS is my problem with the trailer, people are lead to believe this is a combat based space game, but it is a logistical space game with combat elements.
Again I am not OVERLY fussed about this whole point, I am one of those people who looks at the trailer and wishes the game more accurately reflected that, rather than looking at it and wishing it more accurately reflected the current game.