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Only way apple can win with the remote is to make LED display buttons that change based on what people want each button to do. Else everyone has their opinion on where buttons need to go.

I have 0 issues with remote or button layout myself.
 
Is using this remote intuitive? Or does a person need an online class on operating the remote? I don't own one yet but wondering why in the world scrubbing isn't intuitive.
It's absolutely intuitive, especially if you're coming from the previous model. If you treat the new clickpad like the old touchpad, navigation is identical other than the loss of fast scrolling by sliding your thumb up and down just the side of the pad, which never worked for me anyway so no loss here. You can navigate by swiping your thumb or by physically clicking like a D pad.
As far as scrubbing goes, the issue is people are suffering a bit of cognitive dissonance, as they were expecting it to function like the old iPod clickwheel, ie you continue to move forward or back by continually rotating your thumb over the wheel clockwise or counter-clockwise, when in reality the function works more like the jog dial on older devices and editing bays in which you spin the wheel varying amounts up to 90 degrees one way or the other to achieve the desired direction and speed. I blame Apple advertising on this issue, frankly, because after they likened it to the old ClickWheel people naturally assumed it would of course work the same.
The only hiccup for me is constantly hitting mute when I mean to press Play/Pause, as that is where it was on the old remote. I'm getting used to the new arrangement though and in another couple days it won't be an issue.
 
No issues with accidentally touching it
I sleep with the remote but sometimes picking it up turns the Apple TV and all my hdmi devices connected bypassing the sleep/wake button which is annoying AF. I thought they would get rid of that annoying feature and just kept it to that button.
 
It's absolutely intuitive, especially if you're coming from the previous model. If you treat the new clickpad like the old touchpad, navigation is identical other than the loss of fast scrolling by sliding your thumb up and down just the side of the pad, which never worked for me anyway so no loss here. You can navigate by swiping your thumb or by physically clicking like a D pad.
As far as scrubbing goes, the issue is people are suffering a bit of cognitive dissonance, as they were expecting it to function like the old iPod clickwheel, ie you continue to move forward or back by continually rotating your thumb over the wheel clockwise or counter-clockwise, when in reality the function works more like the jog dial on older devices and editing bays in which you spin the wheel varying amounts up to 90 degrees one way or the other to achieve the desired direction and speed. I blame Apple advertising on this issue, frankly, because after they likened it to the old ClickWheel people naturally assumed it would of course work the same.
The only hiccup for me is constantly hitting mute when I mean to press Play/Pause, as that is where it was on the old remote. I'm getting used to the new arrangement though and in another couple days it won't be an issue.
I figured it was an end-user problem and not the remote's design.
 
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