The only reason why this guy bought this was so he could film it, post it to youtube and then profit. If you are not a developer or journalist, then you wouldn't have ever bought one of these.
These shouldn't have been offered to anyone without a MSDN account or press credentials. With the nonexistence of information available during pre-order, I have to imaging that it would be impossible to call fraud. You would need some idea of what you were getting and then not get it.
But hey, we're talking about it. There is a school that says any PR is good PR.
So none of the points he made were valid? Do you think that Microsoft should have announced that Word would be slow, the Mail app would be as crappy as we've all complained about in the previews, etc. as information provided during the pre-order? Absolutely ridiculous. RIM gets a lot of press these days too...