Day 1 patches are becoming the norm these days.
The most recent example of a game abusing the system is Medal Of honor: Warfighter. The game was shipped out barely running and a huge Day 1 patch was put out to essentially make the game playable. There are plenty of developers out there that are going the same route EA did with Medal Of Honor and I believe it's getting out of hand. Patches were implemented as system that allows further tweaking to the game after it's out in the market. Currently however, plenty of developers are putting out games with lack of polish and just relying on patching the game at a later time.
So what if you weren't able to access the Internet on the day of purchase, or had issues downloading the patch? Are you supposed to play a near beta version of the game?
This discussion also leads into consumer entitlement. What are you buying when you pick up a retail copy? Is it ok for the developer to give you, what is essentially, an incomplete product and then promise a day 1 fix?
I discuss all that in one of my videos, so check it out if you like.