GoodCop,
I do appreciate your anger that there's such a basic flaw in the N93 firmware/hardware. Even if we totally ignore the Next Gen games there's still the problem of you not being able to properly use S60 3rd Edition games on the N93, which is most definitely advertised as a S60 3rd Edition device.
If you can't run S60 3rd Edition games on the N93, that fact alone is reason to complain, S60 3rd Edition devices should be able to run S60 3rd Edition games. I think if you take action soon enough after buying your N93, many countries' consumer laws will allow you to demand that they either fix the bug, give you an alternative phone or give you a refund.
If enough people start returning their N93s, Nokia would hopefully get the hint and try to fix the bug (assuming it's just a firmware glitch).
"it's very easy for anyone who takes part of media coverage, Nokia shows, the bundled 3D-game or even the hardware specs to be led to believe that this phone has gaming as one of its features."
Unofficial parts of the media like us might say all kinds of other things that turn out to be untrue, but I wouldn't blame the manufacturers for that. A lot of the unofficial media (but not AAS!) do "reviews" of devices which are actually just prototypes, and assume that unconfirmed features are confirmed features, purely because they want to be first with the story rather than tell the total truth. The unofficial media is there to tell you what might happen, rather than what will definitely happen. You should find it interesting, but don't ever trust any single source 100%.
If you want to buy something, you'll get the most accurate picture of its features not from the previews or the prototypes, but from the final official tech specs and official advertising that takes place just before the device is released.
I don't see anything in the official hardware specs that mentions gaming as one of the N93's features. The official specs and press releases don't even mention the 3D chip anywhere. (It's possible that Nokia installed the chip in the N93 purely to make the process of recording video much smoother (that's an alternative use of 3D chips apparently), that's why I've been a bit reluctant to say that the 3D chips will 100% definitely be used in the Next Gen.)
I also don't remember any official Nokia statement or show where they actually said the N93 had gaming as a feature. The bundled game does imply that, but the advertising and the official site don't even mention the bundled game. All of the official advertising I've seen for the N93 talks about it as a camcorder with a phone built into it, and I think the vast majority of people who buy it will have those kinds of expectations from it.
Nokia did use a prototype N93 to run a gaming demo at E3, but that was about six months before the N93 was released, and even at E3 they never actually said the N93 would be part of the Next Gen (they still haven't). At a previous E3 in 2005, they had all kinds of other phones such as the 3230, 6630 and N70 running games, but none of those will be in the Next Gen as they run S60 2nd Edition.
It's worth remembering that many game demos at E3 and similar shows are often run on prototype hardware which isn't intended to be the final platform. For example most of the Nintendo Wii games demonstrated at E3 were running on modified GameCubes, but I don't think anyone at the show expected the consumer-model GameCube to be able to run Wii games.
It's also worth remembering that a lot can change between a prototype and a final release, you should never think that a prototype's features will make it to the production version. For example the 5500 prototype was previewed on AAS and contained 64 mb of internal memory and an office file viewer, but the final production model that appeared six months later had only 10mb of internal memory and no office viewer.