Using an aftermarket launcher only fixes the problem if you like the image they use to start out with. I installed Go Launcher, and applied the Touchwiz theme. The wallpaper was sized properly. As soon as I tried to change the wallpaper, it won't allow me to resize the image, so it stretches the image, so the wallpaper looks distorted.
I really don't see how this can be lawsuit related, when Google has scrollable wallpaper on the Nexus phones, as well as HTC/Motorola/LG/etc....