Here we go again, more moans.
The S-Pen uses Wacom passive (no battery in the pen needed) digitising technology (used in the best professional graphics tablets for many years), whereby the pen is sensed by an electronic grid that spans the entire screen. It is quite normal for the pen to be sensed without it actually touching the screen (you can see this if a full time cursor mode is available) but inking should only happen when the nib of the pen actually touches the screen surface. I used to have an HP Touchsmart convertible laptop with a Wacom touch screen and it was always going out of alignment, but this has never happened with my Note, which is 11 months old now. As an experienced Wacom user I think the S-Pen implementation is excellent.
Is there anything you DO like about your Note?