You could argue that they scammed users by creating something claiming it's open sourced and not releasing it, but that's not "scamming", that's "lying". But what happens when the source code is released? Will people still call it a scam? I believe yes, and that's the heart of this nonsense.
So Matthew you have stooped to semantics games? "That's not scamming, it's lying."
BFL claimed they were going to create & ship ASICs. As they hadn't done that, they were scammers.
Bitcoin Magazine were 'defacto scammers' for 6 months when they did not release a product they said they were going to release.
Ripple claimed they were releasing a product that was open source. They never released this open source product. But wait, they are "liars" not scammers? LOL, dude. Playing with words is a fun game.
Also, I am concerned about your assumption that people will continue to call it a scam. Will people continue to call BFL a scam for years if it does end up shipping and ends up being a massively successful manufacturer/seller of ASICs for many years? If folks' problem is that ripple is closed source and the foundation controls half of the currency, and that is centralized and therefore subject to the same kind of shut-down as e-Gold, well - if all that stuff is fixed and Ripple becomes successful and gains a good reputation, I have no reason to believe that "people" will continue to call it a scam.
One more thing. You gave us those nice educational posts on logical fallacies; how kind of you? NOW STOP BEING A COMPLETE AND UTTER RETARD by posting, in the same thread, at least two blatant ad-homs specifically implying that someone could not form a "gude opinion" if their user account is only X months old. Let's see here, someone could be using a series of throw-away accounts (I've been here for far longer than my join date implies) someone would have been lurking for 6 months before they joined (I lurked for 3 months before I registered) someone could have been active and using bitcoin for 2 years before they felt the need to make a forum account.
BUT NO, "look at me I'm Matthew N. Wright, educating all the poor silly dumb masses on logical fallacies while using them myself, hope no one notices"
Good luck with that