If I invest some money into a BFL device and actually get it someday, the mining difficulty will have risen so much that it won't be worth running for anybody other than the very first few who get them, except of course for the 'cool' factor. Whether they are legit or not, it seems that either way I would lose.
So you're saying shame on BFL if they make enough of these so everyone gets one and you don't get rich because the difficulty went up so fast? It sounds like you would only be happy if you got one and others didn't. BTC is a game of diminishing returns. If you aren't first or you don't go big, it's not going to pay off like you want it to.