I'm not sure a class action suit would be a nice maneuver. Really, the product has mostly delivered on what it was advertised to do, and it's difficult for a company to make promises on years of firmware updates, considering that the product was never a huge hit to begin with. I mean, I know this isn't what you want to hear, but they're not really in any legal grey areas, because the product works as it is suppose to. If your unit isn't working as it is suppose to, I'd suggest RMA'ing it. They're really nice about doing that. I had a faulty unit from one of the beginning runs, and they replaced it a few months ago.
This doesn't mean I don't have complaints about the device, and I'm certainly a little disappointed that they aren't focusing on the potential of it too. But do keep in mind that class action suits simply prevent giants from stepping on everyone forever, and only fill lawyers pockets with money. Roku is far from a giant stepping on everyone, and they're really quite kind to even try continue supporting a product that they're not making any money on. (Yes yes, they said they would, so they should stand by it, but they're probably not legally bound to introducing new features in firmware at all).
I think the best thing for them at this point would be to consider opening up the firmware a bit, and letting us hack it up. It might even be a chance for them to sell all those refurbs they have piled up at their office.
And further, I don't see why all the people who are currently coding third-party roku apps don't join up together and create some wicked apps and games. Think, high-def internet texas holdem!