Ice,
I did my owm due diligence. the 51 btc statement is not just a post on the forum. it comes from an email thread between me and HF with the subj refund policy. I specifically asked that question and they gave me a specific answer BEFORE i ordered. 4 babyjets
The 51 BTC statement assumed the exchange rate would remain stable, not spike 5-10 times and set new records.
YODD involves more than getting an email (from a non-executive no less) telling you want you want to hear.
YODD requires you and your attorney critically evaluate the firm's ability to deliver on their statements and your possible recourse if they fail.
In this case, it was obvious that the start-up had absolutely no ability to give you back your BTC '
No Matter WhatTM.'
Any lawyer you asked would have informed you such a claim may not be interpreted to provide windfalls in the case of substantial BTC/USD appreciation.
We all knew the BTC were converted to fiat and spent to get the chips/boards/machines built. We all knew the BTC weren't sitting in escrow.
It took a student still in law school about 45 seconds to disabuse me of the delusion that such windfalls were reasonable, much less actionable.
Granted, I have a strong background in legal studies, but the entire concept chain from common law to equity to 'No Windfalls Allowed' has been explained in detail ad nauseum.
Even the slow learners like cedivad should be able to understand that a tiny new firm is obviously not going to be able to pay out windfalls.
As for the hilarious MMQ about 'hurr-durr they should have bought futures and hedged.' Those services, even if available somewhere at the the time, were not yet legal in the US. The first one was just approved yesterday:
http://www.reuters.com/article/2014/09/12/us-usa-bitcoin-cftc-idUSKBN0H71FU20140912?feedType=RSS&feedName=technologyNewsSorry you were never offered a refund. That sucks, but there is hope we may be compensated to some degree as a result of the HF IP auction in Oct.
How do you feel about those who got 105% refunds, but refused to take them because they felt so entitled to windfalls at impossible expense to HF?
How do you feel about the BTCT Internet Lawyers who created their impossible windfall expectations, and then advised others against taking their 105% refunds when they had the chance?
Ironically, it's actually good for us they refused their 105% refunds because that left more money to pay the 15 lawyers now feasting off HF's corpse, which in turn means we may gain an addition one percent or two on our claims.