If they were going to take everyone's money and run, it would have been done a long time ago. They are very likely losing money by having to give out refunds vs the number of new orders they might be taking in.
hardware manufacturers always win, forcing you to buy a new firmware, new improvements, new product generation.
BFL double wins, can earn by selling hardware and using it for mining. With your money making machine to make money. And for the year, they will force you to bought the second generation. This is a good business
All this is hypothetical because there is no guarantee that they will succeed.