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.
At this point he is exactly like pirate...
Unless we start seeing BTC refunds...
Well, I don't remember Pirate refunding 2/3rds of what was owed before running off with the rest, but I could be wrong.