I think its clear they must refund if people ask for a refund. 

What people need to realize is that their only protection other than shipping in a reasonable timeframe is bankruptcy.  If they go there, then you are *NEVER* going to get a refund.. bankruptcy *protection* protects them against you (a lowly creditor behind all the bondholders and banks.)

I would make sure people think long and hard about what happens when the difficulty increases faster than the shipping can keep orderers happy.  I think you could make a prediction here either way, but the very real possibility that they declare bankruptcy is certainly a possible outcome.

I wonder if there's a statement in the American law saying that the vendor must indicate more or less strict shipping dates and bear responsibility for delays (discounts, free upgrades etc...). The BFL's "2 months or more..." is the same as "years" or "forever". For example 1297 or 924 months is more than 2 right? . We've accepted it. Their 25% discount on further orders for those poor guys who wait more than 1,5 year since April 2012 looks like a derision .   

It be interesting to see what lawsuits have been filed against them.

It's not nice to fuck with Racoons.

My $.02.