How much difference does it really make? If all of OnLive's folks were vested, couldn't they still could have been fired and their shares diluted w/ another round or creepy acquisition terms?
There are an infinite number of ways that common stock (and the associated options) can be rendered worthless in acquisition or winding up a company.
Simplest way is to sell the company for enough to pay off preferred shareholders, and use "personal service contracts" to compensate insiders. They get paid well, shareholders get zero.
Most of them would not stand up to a lawsuit, but if you suddenly have no money coming in, are you going to be willing to pursue an expensive, years long legal process?
I don't find this distinction very useful, and I disagree that it's harder to get screwed over. It's in fact, just as easy.. we're only talking about degree. I think your argument is that instead of your shares being worth zero, they can only be diluted to any positive real number... which brings me little comfort.
With dilution the founders, who are more likely than you to have a say in what happens, are also likely to suffer that dilution. However in the incident that happened the founder didn't lose a dime.