I think it's fair. The game was sold as being far more than it is. CDPR created fake footage, lied about features, etc. CDPR even sold the game on platforms it didn't really run on, which is a new low even for the game industry. Then there are the issues with the game itself, which is bugged to the extent of being literally (and yes, I do mean literally and not "I am a stupid liar who says literally when they mean figuratively") unplayable on some PCs for unknown reasons. Then there's the very poor UI. The very poor implementation of driving. The ridiculously bad implementation of police, which was clearly knocked up in a couple of days and hastily stuck on as an afterthought. The almost total lack of meaningful choices. And the UI, which is bad enough to warrant mentioning twice. The same key to crouch/stand and to skip dialogue, for example. It's bad enough that they did it at all, but they made it mandatory. That sort of thing is a huge step backwards - games from 30 years ago had complete user-definable keybinding! Make a game in which crafting is a big part...and implement the crafting part of the UI very badly. Make a game in which inventory management is a big part...and implement the inventory in a way that's barely adequate when it isn't bugged.
Anyone who bought the game thinking it would be what CDPR said it was would be extremely disappointed.
Anyone who bought the game thinking it would be well made would be very disappointed.
But people who bought the game with no idea what CDPR were falsely claiming the game was and who are sadly used to the substandard game-making that is now the norm might not be disappointed.
I had fun playing the game. But it's seriously flawed and it's nowhere near being the game CDPR were claiming to be selling. I didn't see any of CDPR's claims until after I'd be playing the game for a bit. Jaded and cynical though I am, I was still a bit surprised at how deceitful CDPR had been. If I was on a jury deciding whether or not CDPR were guilty of fraud regarding Cyberpunk 2077, I don't know what my verdict would be. Fraud or a severe case of sleazy misrepresentation of a product that falls short of being fraud? I'm not sure.
The promise is there. Cyberpunk 2077 might have been a great game with another couple of years of development and some mods to fix some of the UI shortcomings. The sequel might be a great game.