I use a SPOT-2. It comes with Energizer Lithium AAA cells and the instructions say over and over: "only use lithium batteries" and "bring spare batteries".

Assuming the article is correct:

If the hiker in question put in his own rechargeables instead, it's his own darn fault if the unit ran out of power. Even if it did, he should have had some spares on hand. The LEDs on the SPOT-2 quite clearly indicate if the unit is powered and operating.

Of course, I have yet to see a specific statement that he had a SPOT-2 and not the original SPOT. I am not familiar with the original unit's instructions or interface.