What? That is a scam. I think Bitfinex users should start to be getting concerned now. They should pool together whatever resources they have left and look for a good lawyer and fight this. If Bitfinex gets away with this they'll continue on playing with their customers by releasing more scam tokens or some other gimmick.
Even if they get a lawyer and they are surely right in the rules of law, it will only produce an outcome less than what they would get if the let the plan play out. The lawyers will be paid a shitload - and they don't take crypto. The company only has so much liquid assets now. Not enough to go around. If everyone joins a lawsuit and the judge rules, the lawyers will be paid handsomely and everyone will get 85% haircut instead of 36%.
Even thought the plan is not exactly legal - it could yield a better end result THAN ANY OTHER PLAN. Running to the lawyers is almost always a sure means to produce a serious or total loss.
What Bitfinex is doing is wrong. Totally wrong. However, it is the best wrong. All other plans produce greater losses.