Too bad GetGems didn't work out. The concept had elements that remain valid and interesting. I'm certain it wasn't intended as a scam. However, once it began to fail, there was a troubling lack of transparency and very possibly a major conflict of interest.
Intended as a scam or otherwise there is clear precedence for legal action. Throughout the initial development of Paykey Daniel Pelegrín issued statements saying that Paykey was developed by GetGems. Perhaps I am jumping the gun and GetGems adopters will be rewarded on launch of Paykey. Paykey is still under development after all.