1) Your only valid point.
2) Haven't they been selling unlocked Nexus phones for awhile? No carrier support.....
3)Yes against Google - Not against Asus - the manufacturer of the device. Google said they were allowed, but they wish they wouldn't. Too bad.
2) Those devices had carrier support because they were authorized on their network. Original nexus was NOT sold in retail stores initially. The S was NOT sold through google, and the Galaxy Nexus wasn't available in the play store until after you could buy it from other retailers. This is the first time they've launched a device across the internet/retailers without carrier support.
3) No, Google said no. Gamestop ignored it. Every other retailer stopped selling at google's "request" so it was obviously more than a suggestion.
And again, how is it Google's fault that Gamestop chose to ignore their wishes? Should they make harsher penalties? Absolutely. Do they owe anything to the pre-order customer? No. Gamestop's actions have NO bearing on when you were going to get your product.