No, technically they did not invoke any part of their contract with you.
Each game by itself does not ever mention end game activities. Only patrol, crucible, strikes, and raids. Nightfall, heroics, IB ect are never mentioned (what people are complaining about). They do say that end game content may be restricted if a player does not have the current expansion.
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I'm not saying it's a legal problem, it's an ethics problem.
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Yes I agree. Plus if a person buys the game say used, they will get a worse experience then others may have. IMO I have the new dlc but would still love to have a chance to go "back in time" to fight crotas blades or the fallen wolf events in patrol. But that game no longer exists because Bungie has decided on the game being persistent and make all public / social game areas to be the current in time. (Image a patrol option for vanilla, dlc 1 or dlc 2, or as the player progressed you would work through those older game options)