While I'm not at all happy with the way Tom is handling this, I also think the comparisons to pirate are unjustified. Intent is clearly missing as well as most of the harm.
The lack of btc refunds are obvious. Can you prove that he ever intends to refund the btc? Other than people saying "It's coming". There is 0 proof as to how far, or even if he ever laid any groundwork to the project. For all we know he intended to build one and that is as far as he got. It's been over 3 weeks for me and I know I am tired of waiting, along with the others. His silence doesn't make him look any better either.