From the link:
As we detailed in October, with the increased CPU, GPU and memory from our new consoles, all of your existing games look and play better. With certain titles, we can make the experience even better, all with no work required by the developer, and no update needed by the gamer. To that end, the backward compatibility team has developed FPS Boost, which employs a variety of new methods for nearly doubling (and in a few instances, quadrupling) the original framerate on select titles. ... And while not applicable to all games, these new techniques can push game engines to render more quickly for a buttery smooth experience beyond what the original game might have delivered due to the capabilities of the hardware at the time.
It clearly distinguishes "with the increased CPU, GPU and memory from our new consoles, all of your existing games look and play better" from "FPS Boost, which employs a variety of new methods for nearly doubling (and in a few instances, quadrupling) the original framerate on select titles". Further, FPS Boost has to be manually
IANAL but it seems like offering a feature and blatantly lying about it is fraud and that everyone who participated at Microsoft is guilty of both fraud and conspiracy to commit fraud. Do you have evidence of this?
Here's more information: https://www.youtube.com/watch?v=89L-3U2egKw