We can't assume that anything has been done because there have been similar cases where funds have mislead potential investors by tricking them into thinking that legally everything has been set up, while later turns out that nothing has been set up at all. It could very well be that they are waiting for actual capital to come in, and then start up the legal process. We can't take anything for granted here.
True but we don't follow a rule of guilty until proven innocent.
The difficulty doesn't make the price go up. It's price up difficulty up. If the difficulty is going up but the price not, miners (mostly the smaller ones) will eventually pull back their gear and the difficulty will drop.
True but the stage at which BTC is in, it does. Mostly miners in China can literally call for what kind of profits they want to see. Do you really think when the institutional money starts to flow in, Miners won't be able to charge higher than they demand right now?
If you can generate your own energy conveniently, it could always be somewhat profitable, but if you depend on external energy suppliers you can't endlessly mine profit. In that case there is a base price you can't get under.
There will always be a country to mine in. Like in India it costs 0.08$ KWH. Unless there is a total ban on cryptos and they lose a significant percentage of their value, Mining won't be unprofitable.