The OP is correct in stating that people shouldn't complain about the areas where ESO diverges from Wow, just as the people who are stating the game follows WoW very closely are correct as well.
At level 5 in the beta my heart sank, I was hoping ESO would lead the MMORPG off into a bold new direction. Instead I felt like I was beta testing a new graphics engine for WoW. I was pretty sure I was going to take a pass on ESO. Yet, I've pre-ordered the game and am anxiously awaiting launch because although ESO is indeed eerily similar to WoW in many aspects, as pointed out by the OP, it also diverges from WoW in many aspects as well.
It appears to me that ESO is more focused on being an immersive adventure based role playing game than an action based arcade game with role playing elements. How well they pull that off remains to be seen. I played a lot of different characters in the beta so I didn't get much past 10 on any one character. There is a huge breadth in build choices, if nearly any build choice is viable in the end then I feel they will have pulled it off. However, if they pull it off, people looking for the action arcade style end game of WoW where only seriously hard core players have access are going to be sorely disappointed and will be screaming end game content needs to be tuned for min/max so that they can sit on the bank steps and show off their trophy raid mounts.
Either way, a bunch of people are going to be disappointed. If they try to please both crowds, everyone is going to be disappointed.