What do you mean by saying that AH3 is not free? It's free to download and free to use offline for as long as you want. And there's several free online multi player arenas as well. I'd call that plenty free.
Look. It's not about arguing that your marketing message is technically accurate under the law. It's about weighing whether your marketing message is being effective. Do you want to be right, or successful? Is this about ego, or is it business?
If it wasn't the single number 1 complaint I saw in the reviews, it was certainly common enough to take specific notice of.
It's not about being right. It's about winning. Does that message help more than it hurts, regardless of whether it is technically accurate? If the potential customer's first formative impression of your product is that they feel they were mislead, whether they are justified or not, you've just made your sales job that much harder. Don't give yourself additional friction to have to overcome.
Whatever additional initial draw the "Free to Play" is giving you does not outweigh the negative reaction you are getting when they realize how narrowly defined that is. Like it or not, the potential customers are not seeing the
core game as "Free to Play" in the commonly accepted use of the term. I would suggest:
4 Free to Play Arenas!
Free 8-player Custom Arenas for you and your friends!
Free trial to the Premium Melee Arena!
orI believe that a limited subset of lesser performance aircraft that would always be available for free in the Melee (a pattern they will already be used to from other games), would be sufficient for them to feel the "Free to Play" description was truthful. That would be a pattern the market has already trained them to expect.