Yes you're right on your count, but you have to consider this scenario (which involves thinking beyond yourself) - - it's only you, and 20 others - - who would be mildly mislead (considering you actually didn't pay anything)
Now the dev can go build a working version putting in 200-500 hours into the MVP and find the next set of 20 people who are ready to use that software, with validation at hand.
However, I agree that better messaging can be used instead of straight up misleading people. Since if it does become widely practiced, people will generally become mistrustful (again, the odds of that happening is low).
~ 2 cents