I don't know if worldwide difficulty would go up just because of AMT 1Th/s miners, but now it seems many manufactures are now releasing 1Th/s miners which would add up. I am also not going to be referencing other miners. Even if difficulty was slightly higher, it would still be lost income. It's not that simple to discuss, so I will keep it at that. heh.
Understood. I don't think your argument is invalid in a general sense, I just can't see it flying in court due to the variable nature of bitcoin and the fact that the network is not static. In fact, it seems to be on another spike right now, with a whole bunch of vendors using Innnosilicon's version of the very same chip that AMT is using. Except you can actually get a dragon miner.
Biomech, what happened..
From where I sit, you very badly mismanaged your business. While you did good for me, personally, it seems that you left a lot of people hanging in the wind. Your story kept changing as time went by, and frankly, some of those hanging in the wind are friends of mine.
You asked me to be objective. That's always a difficult thing to do, and moreso when somebody gives you something nice for free. I've tried to walk the line, but it's very difficult to not be angry. I feel like you used my reputation, such as it is, to generate sales that you either didn't intend to deliver on, or were so hopelessly delayed on that you couldn't.
The last two days of revelations at least make me breathe a little easier, as I was beginning to think you didn't even have a terrahash mining unit being built. During the "silent" time, I called you seven times and always got an answering machine. I suspended judgement for some time, because you had done me well.
As for the discussion of law, it's a hobby. I'd play devil's advocate at my own trial for my own immortal soul, if I believed in such things.
That's the general "what happened" from my side. What else happened, just a few days ago, is something you better be ready for in your new rigs. One of my boards overheated and blew some caps. Martin says it's almost certainly because of the restrictive case and smaller heatsink you used. And indeed, the other one has improved its performance quite a bit by being in the open air. If you're restricting your airflow as much as those cases look like in the pics, you're going to be getting a LOT of RMA's if you get your assembly sorted and the majority of your orders shipped. The other board is running like a champ.
In the beginning fo this debacle I defended you, and I meant it. During my conversations here and on the phone with Jim, I advised you to hire a full time customer service rep. You agreed this was a good idea. I also advised you to speak openly to the community if you were going to be delayed in any way, which you also agreed on. Had you done these two, simple, cheap things, you wouldn't be facing the shit storm you are now.