I have to say that I too find the idea that the airlines can change the rules whenever the want to be very disturbing. And, recent developments, and the reports of others I have read on FlyerTalk have made it seem moreso.
As some posters suggest, I find it a common practice for contracts to contain patently illegal language, put there in hopes that the other party will not question it. Here, in San Francisco, many Rental Agreements have clauses that violate the Rent Ordinance, and I am certain that many people have been harmed by that.
But, let's be clear about some things:
Whatever language lurks in the fine print, the airlines by the design of their programs intend that I consider the value of their programs in choosing to deal with their airline. I mean, what purpose do these miles serve if they don't cause me to believe that they add value to my use of their service.
There is no reason I should feel guilty for buying a product at the price that they have sold it to me for, and then expecting them to honor the promise they intended me to believe they were making.
By constantly adding to the ways that I can earn miles, the airlines demonstrate that they consider these programs to be an effective way to promote their products -- until the time comes for them to make good on the commitment.
After enticing the public with promises of free travel, and upgrades, suddenly there are capacity controls, and when the economy shifts and people start wanting to use their miles, suddenly the price goes up.
I'm not even questioning the legality of this, but ask yourself, did they intend that you believe that when the time came you would actually be able to use the miles the way they "sold" them to you?
How are you supposed to feel when a "loyalty" program promises you one thing, and then delivers something of lesser value?
And, then, let's say you have been flying so much that you have built up say a million miles, and the realities of your travel cause you to behave in a manner that the airlines decide, unilaterally, with themselves defined as the only arbiter, that your behavior has, inadvertently, without your knowledge, violated some rule of their program, and in one capricious moment they wipe out years of your "investment?" (Sounds crazy? Right? Has it happened? Possibly! Is it likely to happen to someone? Probably!)
Sobering thought -- I know I won't be building up more miles that I need. Nor deluding myself to feel that any thoughts of "loyalty" I might have will be reciprocated.