I don't see there being a "problem", as such, it's just that, except for hard-core Nintendo fans, there is very little reason as of yet to buy a Wii U if you already have a PS3 or 360. Even if you're just talking games announced for 2013, the 360 and especially the PS3 beat the Wii U easily.
Most people buy a gaming console for the software, not the hardware, and the Wii U, at the moment, loses on that front. Sure, the marketing could be better, but that still wouldn't change the underlaying reasons. Also, unlike the Wii, casuals aren't really interested in the Wii U's control scheme, so it doesn't have that to fall back on.
While I wouldn't buy a Wii U yet, I also wouldn't judge it too harshly until Nintendo has its E3 conference.
I agree. I think the day 1 patch and lack of games is what makes it look unappealing to the public.