I think the real world law and computer game law are two slightly different things, chief. This is 'entertainment'. We all have our own idea of what's entertaining and what's not. I don't get why there's an upset about the suggestion of offering people choice in how to play the game. Why does it have to be played exactly the way you see it? And why does D&D have to be followed to the letter? Is it a religion or something?
As for 'getting good'... I never lost a battle in the game despite all the misses. And only had characters fall unconscious 3 or 4 times. I didn't find the game difficult or easy. It's an average challenge.
What I'm saying is that the missing is boring. That's my personal take on it. I think it's insane that some people have to have you agree with their idea of interesting when you could potentially allow for multiple configurations of game play.
But it's not D&D! haha - ok, ok. Maybe...it doesn't need to be?
I just hope none of y'all who are insisting on the world by your rules don't end up in politics.
Again, what is so wrong with having a checkbox that lets some people play 'strict D&D' and others play whatever way they want? You play the D&D game, I play the one without the misses. And the world keeps turning.