Upscaling is now a standard DirectX interface. And even so, hotpatching baked-in DLSS with replacements via DLL swapping is already well-known and documented. The DLSS hooks aren't that complicated to hijack and replace with FSR or XeSS even in games that are DLSS only.
It wouldn't be a false advertising case because nvidia has acknowledged the defect and is offering replacements. This is just normal warranty shit.
Buy a fucking radeon card then. Except you won't - this thread sits around whining about nvidia and then refuses to entertain buying the competition even though the only difference is that the competition doesn't have any of the features you supposedly don't care about anyway.
I'm AMD's strongest soldier because I'm telling you right now to just go buy an AMD card and be at peace. It'll do everything you care about for half the price and you won't have to sit around being mad about this inane GPU launch bullshit on an internet gossip forum.