You realize that the IR emitter has to be pointing pretty much directly at the computer/ ATV for the button presses to register, right? Holding it "sideways" like a Wii remote won't work. And, generally speaking, twitchy gaming action and IR remotes don't mix, even if you are holding it so that the emitter generally faces the receiver.
Actually yes, I did consider orientation and thought it would be meant to be used held vertically so that IR can function properly. Admittedly it is not ideal for typical video games players but Apple users are not exactly that. Besides, if there is a separate tv version for all we know it could be BlueTooth instead of IR, in which case horizontal orientation could work.