Come on people, unlike android or iOS, the surface includes a copy of Office! The Surface is the only tablet that includes a copy of fully functional Office. That alone takes up a ton of space.
Personally, I don't see how this should be a lawsuit. The device itself comes with a specified amount of memory. The OS takes up so much space, the applications take up additional space. If you want more space, simply uninstall something. I just got my Nokia 920 and was able to easily uninstall the bloatwear from AT&T and Nokia. Plus, I'm pretty sure that the EULA requires arbitration and denies any hope of class action.
This is the problem with our legal system....there is no common sense sometimes. I've never bought a device, laptop, or computer under the assumption that I'd actually have the full amount of advertised hard drive space available on startup. Don't get me wrong, class actions should have a place in our legal system, but this is just stupid!