Saying the truth 36.067% is a bit high for users but at least they are not locking the other funds (~64%), seeing how the other exchanges behave when they got hacked then bitfinex seems better than them, it's still better 64% than nothing.
They have no right to make claim on user funds, but i guess even that is better than outright closing down. If people indeed get shares
that would enable them to recoup their losses as exchange continues with it's trading - i guess people won't find it as intrusive as it is.