I tend to agree, I'm just saying that it may not technically qualify as 'defective' because I don't know that they declared that it should behave otherwise.
It is, however, annoying, and if they cobble together a replacement program I'll be first in line.
edit: I finally ran across a really dark scene to test it with, and it is quite bad. At the viewing angle that's normally perfect, I get a very noticable negative effect, which gets worse as I tilt the Touch toward me and begins to subside as I tilt it away from me, although then the color gets all wonky.
Very disappointing. If I wasn't going to be gone the rest of the weekend I'd take it back and complain.