I think its fine to point out issues with a theme, as it is correct that they are generally likely to become support issues from actual customers in the future. With each point, more rules are learned that are either missing from the current Phase 1 rulesheet (here’s hoping Phase 2 is less ambigious!) or at least, not clearly described.
The main issue however I can understand, when a theme is rejected for an issue that is present in a theme that is approved. I understand that reviewers aren’t perfect (they make mistakes in much the same way as everyone else), so sometimes themes can get approved that perhaps shouldn’t have – but it can get to feel quite unproductive, fixing issues with regards to a section of the theme which some themes simply do not have – for example: Sidebars.
The Phase 1 requirements clearly state that all sidebar widgets must be appropriately styled. However, there are themes available that do not seem to implement any sidebar functionality in their blog sections.
Based on an earlier reply however, are we to understand from the earlier post that the Blog theme section is actually optional for a theme, rather than a requirements? As I am pretty sure that the Blog requirements are a fundamental part of approval for a Word Press theme – even for specific and niche one page sites.
All in all, everyone will suffer rejects. As long as the responses by reviewers continue to be descriptive of the problem, rather than copy & paste vague responses, then the designers/developers can identify the issue and resolve it appropriately. It is unfortunate that issues get missed first, second and third time around in reviews, but as I stated above, no one is without faults.