I do understand your frustration and as a theme maker, this sort of glitch would hurt my business, but the larger question is. Does this OS work out of the box. The answer is yes and very well. RIM does not promise that themes will be compatible with their OS only the stock theme needs to be compatible with this OS. We are not entitled to anything else, if this were an Official Release from RIM then you would here more grumbling but that is the reason for the disclaimer *Install at your own risk.
I guess a parallel would be if you bought a new car and put in a new stereo that you bought off the street. If the new stereo did not work correctly would you be angry at the car manufacturer?