Ok perhaps I need to rephrase that.
A 'scam' in the sense that once they advertised the availability, they started the 'by invite only' thing. They should have tested that internally and then launched it. This would avoid having those ebay sales which are ridiculous.
However, there are privacy concerns that Google would face; already California plans to outlaw Gmail since Google wants to scan email keywords and offer advertisements. That would be bad for Google now that its IPO is scheduled in the coming quarter.