In their defense, I think this is how it happened:
- Unfinished version of the game put onto DVDs and shipped out, otherwise they would have had to waita couple of weeks to ship the game after it had been finished.
- As games have to be registered through impulse, the game will be finished by release, so they will register and get the patch downloaded. Thus, the game will be released finished.
- Stores start selling the games early, before the patch is ready. Stardock can either a) Keep the registration system offline so people who bought it in a store have to wait 24 hours to play, punishing the consumer. b)Turn registration on just for store bought copies, enraging everyone who pre-ordered digitally. c) Just turn on registration for everyone, essentially releasing it early before they finished the patch, but it keeps most people happy.
They chose option c, which is hardly ideal since they did technically break their bill of rights, but day 0 patch should technically have meant that they wouldn't have broken the bill... though even with that patch it was hardly perfect.
Still, its just a load of ifs, buts and maybes. It was released unfinished, regardless, though through no fault of their own.