Fair enough; you're not obligated to disclose everything up front if they don't ask. But that's a world different from making a deliberately misleading statement.
If someone says "We're actively developing this" I'm not going to just assume I'm being mislead and say, "Sure, but do you have code?" The statement implies an answer to the question, so I'll feel like I already have an answer to the question, and I'd be wrong.
So no, it's not a direct answer to a question, but it's meant to imply an answer to the question so people don't ask anything further. Deliberately attempting to mislead people is just as bad as outright lying in my book, and I can't see the way that statement is worded as anything less than an attempt to mislead the potential customer.
If someone says "We're actively developing this" I'm not going to just assume I'm being mislead and say, "Sure, but do you have code?" The statement implies an answer to the question, so I'll feel like I already have an answer to the question, and I'd be wrong.
So no, it's not a direct answer to a question, but it's meant to imply an answer to the question so people don't ask anything further. Deliberately attempting to mislead people is just as bad as outright lying in my book, and I can't see the way that statement is worded as anything less than an attempt to mislead the potential customer.