We might be willing to cut them some slack considering it's Bioware's first MMO, but some of the design decisions they made with PvP were just too bad to excuse. Even if they hired someone off the street who's been living under a rock and hasn't ever played an MMO, there's plenty of other MMOs out there from which to draw some solid research on what works and what doesn't work. If they hired someone who has been playing MMOs for 10+ years and has PvP'd in every one of them, then we all would have benefited from that experience and seen some very different and much improved PvP mechanics in this game.
Here's the top three bad design decisions they've made with PvP:
1. RNG in a PvP loot system. Next to getting a piece of your own hard earned gear looted off your corpse when you died in PvP in EQ, this is the second worst idea for PvP in the 15+ years I've been playing MMOs. For a more recent example, if you've played WoW, you know how much RNG sucked in the PvE side of the game, which is why Blizzard changed it to a token system. Players rightfully expect that if they invest the same amount of time and effort as the player next to them, they should receive the same reward. With RNG in your PvP loot system, this isn't possible. You could PvP as much as the next guy, but end up getting very unlucky with your bag drops, which means you'll be at a gear disadvantage for that much longer. You can't have an inequitable loot system like that in PvP and not expect to frustrate the players you subject to it - it's simply unacceptable and extremely poor design. Heck, you guys didn't even bother to code the RNG to check if you already have a particular piece of gear so that it doesn't give you the same piece twice.
2. RvR and faction imbalance. You don't have to look much further than Warhammer Online to see all the ways this can go wrong and how it negatively impacts the player base. Warhammer eventually started to implement artificial controls such as limiting the number of players that could participate in fort and city sieges on each side. Blizzard did something similar with their outdoor PvP zones where you would be queued to join and it would only let players enter on a 1 for 1 basis to prevent the more populous side from zerging the other into submission and apathy. Bioware needs to do the same with their RvR areas. I'm not even talking about all the other ways they could improve RvR, or the current bugs, or the painful daily missions that bring you out there. But before any fixes to those other issues will really matter, they need to address the problem with population imbalance in open RvR. It's that simple.
3. Gear disparity. I was playing Rift before I came to TOR, and Trion only recently realized the giant PvP turd they had dropped on their players by allowing 4 tiers of gear difference at level 50. New lvl 50 players would literally get obliterated by Prestige Rank 8 geared players. Eventually, Trion levelled out the gear disparity, and made it MUCH easier and faster to grind your prestige ranks to get your higher tier gear. The biggest difference between Rift's gear disparity issue and TOR's gear disparity issue is that Rift didn't have an RNG loot system to potentially protract PvP gear progression. You could count on earning your gear at a certain rate, which made it somewhat more tolerable knowing that on a Warfront weekend, you'd be able to hit the next prestige rank and pick up some new gear. Not so in TOR. What you have here instead is fresh level 50s getting facerolled by players in full BM gear, and the only response is to "suck it up" as you try to earn loot bags that may or may not contain any actual PvP gear. Sorry. In today's MMO market, telling players that they need to be frustrated for a few months and not enjoy themselves before they can finally experience some measure of entertainment from the game they pay to play is not a viable business model and is one sure way of chasing your subscribers away to the competition. And before the reading comprehension challenged trolls start up with the whole misplaced and overused entitlement arguement, this isn't about players being handed anything without earning it. It's about players being able to earn their gear, but at the same time, not being at such a gear disadvantage that the PvP experience is akin to getting a root canal done. Trion eventually figured this out. Bioware can too.
There are of course many other issues confronting PvP in this game, some are expected, such as class balance issues, while others aren't. Overall, the PvP in this game has a LOT of potential, and I really like the premise of the Warzones, but as it stands, PvP in this game is definitely one of the worst I've experienced. Bioware needs to take the PvP side of their game more seriously and step up the priority for addressing some of these issues. Long after hard modes and Ops have lost their luster, players will be looking to PvP for end game fulfillment. It simply does not exist in its current state. It's completely up to Bioware to decide if they want to succeed or fail here.