I agree with you, dh055, that it would be good to alert comp. journals, Consumer Rep., etc. about the issue.
A comment on one of the statements made above about that it's normal for a battery to discharge after 300+ cycles - this is not true. Modern Li-ion batteries are designed to keep ca. 80% of their initial charge after 1000 cycles - my MBPs from 2009 and 2010
have proven this to be true (they still work and when off, the battery charge does not drop like with Surface Pros). Also, I have a ThinkPad X230 that is 5 years old (original battery) and I've tested it after I noticed the problem with my SP4 - when it's
off, the battery does not discharge. Thus, the issue with SP batteries is either a battery-related problem (manufacturing/design error) or a SP assembly related problem (short-circuiting?).