If BTC was now worth $1 would they still want the BTC back or the USD refund the MSD is forcing Ken to offer?
You bet they would want the refund, they only want whats best for their bottom line.
You can't have non regulation and regulation at the same time, thats not how it works. Any company has a risk at failing. I just wish we would give Ken even with his shortcoming a chance to succeed or completely fail. He has made many many many mistakes but in the end this MSD investigation makes it more difficult for his to potentially succeed. A 1 year investment is very short in terms of real world investments.
Startups fail all the time due to incompetent management and those shareholders take the loss. Its a risk and when investing you accept that risk.
IF IF IF. This is not an IF issue. IF ken had a working chip by now the company wouldn't be in this position. IF ken didn't screw things over numerous times the company wouldn't be in this position. And the list can go on. But the IFs didn't happened so why speculate? Let's just deal with what we have and stop assuming things.
Give ken a change to succeed? Now? He had more than 1 year to work things out, but all he did was buy overpriced third-party miners. That's it! He didn't accomplished anything else. He wasn't even able to fix the damn website, not to mention that he was afraid of working with Bitpay and he managed to lose over 400BTC to MtGOX. The man is simply incompetent and it was clear from the start. Now that we know about his past failed companies it's obvious that he can't manage anything. WHY do you have such blind faith in ken? WHY?
I wouldn't call 100TH/s a pretty good mining farm considering that this company raised ~20k BTC. There are private farms that are mining with ~100TH without an IPO. So nothing special there. As for selling products I'm afraid that you aren't selling any products. Do you know how many boards have been sold in total? How many are selling per week? You don't because ken isn't sharing anything (under NDA!) so you are just assuming things.
By this logic it would mean that if you will see a financial report in 1 year it means that things are moving. Maybe in 5 years you will have your own chip which was the reason this company started...