I am not the poster you are directing this towards, but I have asked for a refund and it has not been issued. Brian Degen clearly states in the email that is hopes another company will pick up the technology so they can pay people back. So I do not see them paying anyone back out of their pockets in the near future (or distant future to be honest).
And I feel like what they have done is fraud.
One definition of Fraud:
a person or thing intended to deceive others, typically by unjustifiably claiming or being credited with accomplishments or qualities.
When I purchase a unit 8 weeks after release, and they know that they have not shipped out those units with a promised delivery window of 8 weeks, and they then promise me I will receive mine in 8 weeks...well that just does not add up. I feel that they unjustifiably claimed to fulfill my order when they knew they could not just so they could get my business. And they kept promising I would get my order up until they cut all communication.
Do I really expect them to say, “oops...we made a big booboo. Sorry! Just give us a little time and we promise to send you your money someday.” Nope. But I also can not trust them to follow through on their end of the deal anymore.