It looks like Mojang don't actually provide you with a download for the game as it is when you pay for it. So they are in violation of their own Terms of Service. Of course, the ToS is just a clumsy attempt to absolve them of liability, and does not reflect the impression they have actively cultivated on the Internet. If you are going to apply a legalistic standard to Notch you should also apply that standard to Euclideon, in which case Notch is not justified in calling it a "scam".
Nope. If I buy the game, and then download it a week or two later I do not necessarily get the correct version. Furthermore, any reasonable person expects that if you are truly only purchasing some specific version then you would be able to download it into the future. You can't have it both ways.
You clearly don’t know what you are talking about. If you want the version of the game when you buy it, it is clearly your own responsibility to download the game. There is no violation of the TOS, to claim otherwise is absurd to the highest degree.