Essentially it can't be seen as a scam, as people are free to fork off if they so wish. In this case it's highly debatable whether or not it's morally the right thing to do. If we look at things from that point, then it obviously isn't the right thing to suppress Bitcoin's growth, as the Jihan terror squad and other miners have been doing. But from a financial point of view, this is a very lucrative path to follow, and thus it doesn't matter for them that they potentially could harm Bitcoin in whatever way. It's just their greed that has the top priority - bastards that they are.