Other than that its a clear improvement over D2, its just not an exact clone.
It's hard for me to imagine anyone saying that with a straight face. Other than the graphics, every single area of the game seems to be at a pretty clear deficit when competing with d2.
I think you're intentionally ignoring a lot of the game for the sake of hating it.
Combat is DRAMATICALLY improved. From a pure quality standpoint the audio is improved, whether or not you LIKE the new audio it is of a better quality(better production values, better TECHNICALLY), graphics are dramatically improved, the skill system is much more readable and has much more meaningful customization, the controls are more fluid, the engine runs better - less random engine-related lag and crashes, the methods used for storytelling are improved regardless of the actual story, much more accessible game, viable and functional in-game economic tools(as opposed to having to rely on shady websites which frequently scammed people and were notoriously untrustworthy) - whatever you may think of the AH's they're a definite improvement over D2's system, they got rid of non-consentual pvp(which is an AWESOME improvement, I'm saddened they haven't added consentual pvp yet, but at least there's none of the stupid level 90 character joining random level 20 players and killing them until they leave the game and give up)
The key complaints about D3 are:
1) They removed some of the ILLUSIONS of choice d2 had(this is a good thing in many peoples' eyes, but some people dislike it) such as the stat system
2) They 'keep watering the game down' - this is a pointless argument as it's not only relative, but also not a factual statement - it's completely opinion and can't really be argued
3) Crappy Itemization - this is the biggest complaint, and it's probably the #1 reason why D3 is struggling
4) No pvp system - in my eyes anything's an improvement over the way it was handled in d2, and next patch should have a dueling system that is consentual so this complaint has been addressed.
5) Poor story - The story wasn't the best I've ever seen, but it's still miles better than 3/4 of the games released last year so I can't say too much... aside from Bioware there just aren't very many American companies who know how to write a good story anymore, unfortunately.
6) Lack of build diversity - this one is the fault of the difficulty of inferno limiting viable builds, and hopefully they'll buff a lot of the underutilized skills to make them viable but... this is still a very valid complaint.
Diablo 3 was a huge improvement in a lot of ways over d2, they fixed MOST of the things that were bad about d2, they just screwed up a few key new areas.