The poll question posed makes no sense - i don't mean logically I mean literally no sense maybe OP can elaborate on what they are trying to say.
Butterfly Labs has started shipping - hashrates are as promised, power draw is much higher but they are delivering.
They never held your funds hostage. At any point in the process you had the option of getting a refund.
You could try suing them but I doubt it would get very far.
From what I gather you want to say something like 'The delays of Y months cost me $X in profit i would have made by mining bitcoin with their product. They promised me it would be delivered by such and such date and it wasn't.'
Their lawyer will argue
'If they didn't deliver on time why didn't you get a refund and invest in some other product like Avalon?'
at which point you will say something like
'well they promised it would be only 2 more weeks'
'Did they deliver in 2 more weeks?'
'no'
'They why didn't you get a refund and invest in some other product like Avalon?'
The fact that you didn't get a refund means that you implicitly agreed to the delays. No one forced you to wait and the fact that BFL didn't meet their timelines won't be an issue because at any point you had a way out.
point taken. what about the people who sent BTC a year ago? These are in horrible situation because now they would get only 1/10 of BTC back as a refund...
that doesn't really follow.
butterfly labs didn't process payments, bitpay did so butterfly labs never received any bitcoins only fiat.
it makes no difference what the price of BTC was one year ago because when the purchase was made the bitcoins were converted into FIAT.
it's like asking mt gox to reverse a Bitcoin->FIAT transaction a year ago so that you can resell your bitcoins at today's prices.
please don't get me wrong, i don't agree with the delays in any way but because nobody forced anybody to wait and refunds were available at any time there is no legal case against them. they will argue that not getting a refund implied consent.
i should mention that i am not a lawyer I only pretend to talk like one on Bitcointalk
this should not be taken as legal advise in any way!