I'm not sure if Moto/Arris should be held legally accountable for what was an unintentional bug. From reading the blog post it seems that Moto was very quick to update the firmware as soon as the problem was brought to their attention. However what I assume to be the limiting factor is the cable companies, that there are so many different markets and each one operated almost independently. It is my understanding that contacting so many different branches and convincing them to roll out the firmware in a timely manner was near impossible.
This incident should get us talking about whatever the successor to cablecard is; how there should be a more centralized point of distribution for software so problems like this can be resolved quickly and without the losses that SD had to endure. Unfortunately I'm not sure what, if anything we can do as consumers, but I don't feel that lawsuits over software bugs, are the answer.
Just to be clear, the lawsuit would not directly be because of a software bug. The Lawsuit is about fair and equal access. The FCC has established these laws to protect consumers from the Cable Companies, which would prefer to force us all to rent boxes every month. Without the FCC, a HomerunPrime would not exist. The lawsuit would revolve around my and your inability to access the content that we paid for with our own equipment. Now in this case, a software bug is what caused the inability to access the content, but the lawsuit would be about a bigger problem in the Cable industry. For example, Buckeye Cable only had 2 tuning adapters in there warehouse ans every time I have tried to get my HomeRun set up it has take 3 or more visits because the installers have no idea what they are, or how to pair a cable card.