I think that's called subjective thinking.
BFL sold the expectation of a certain percentage of the network hash rate, and took customers' money in exchange.
They have delivered, to each of a small fraction of those customers, a small fraction of the promised percentage of the network hashrate.
"A year ago I paid BFL $150 to provide me, after a two-month waiting period, with 0.03% of the network hashrate. Twelve months later they shipped me 0.001% of the network hashrate.
The value of what I can hash today has increased 1200% in that year, but that still leaves me with 40% of what I paid for. But I'm happy, and they are not a scam."
I guess. They get 100% of your money. You get 40% of what you paid for. They are not a scam. Neither is the seller of a 12mpg auto that advertised 30mpg, nor the streamer of an online movie that stops 40% in.
If you're happy with 12 mpg or with 40% of a movie, then you weren't scammed.
Show me an ASIC vendor who sells a stated percentage of network hashrate to a customer, then delivers that percentage or promplty refunds the price difference, and I will show you a non-scamming ASIC vendor.