[seaneeboy]

If I were to sell you a car and you bought it on the premise that it had a 1.6L engine, which was something you needed... then it turned out it only had a 1.2L engine, then i've defrauded you - and that's illegal.

Same thing applies here. He bought the product under the premise that he's be getting 256k upload, but once he's had it all installed it turns out he's only going to get 128k.