The Finals against the Heat should have told them what to expect in this series.
Yes, they were jobbed back then. At the time, about the only thing they could have done is to commit a few flagrant fouls as a warning to the officials: call fouls unfairly, and we'll commit them extremely.
As for this time around, Cuban missed his opportunity; he should have thrown out the name "Tim Donaghy" as the referee who didn't make the call. Cuban has traditionally said that he want the officials held accountable, and if that's the case, it starts with holding the league office accountable. He'll draw a huge fine for saying it; a multi-million dollar fine, I'd bet. But it truly throws down the gauntlet, and opens up the possibility for pulling in outside forces for examining Stern's promise to make the NBA's officiating crews more accountable.
Can you imagine the storm that would be raised if Cuban said, "I don't know why that foul wasn't called; Tim Donaghy was right there in position to see it." He could even excuse it by saying, "Oh, I'm sorry; I meant <actual official's name>," and by doing that set up grounds to avoid the fine by playing it off as an honest mistake.