Sure I have... We've all seen it with certain mobile phone makers. We've seen similar behavior with other ASIC makers too. It doesn't make it right, but it is no excuse to be a jerk.
You and I both know BFL didn't intend for pre-orders to be delayed by a full year. No business would willingly do that.
As for full bitcoin refunds, that would never happen. The payment gateway for many orders was bitinstant or bitpay or something (not sure which, was a while ago when I ordered). Those convert the coins to USD I'd imagine, and do it on the spot. The price of bitcoin skyrockets and you expect to get that gain even though you willingly parted with them for a product at the value of the time? I'd ask, why? Its no different to making a trade on Gox and then seeing the price go up. Sucks, but you made the decision to push the button at that time, knowing the exchange would take place.

Haven't heard anything about venture capital or using customer's money for R&D. Really, I'd hope they would do decent R&D, and that would be the point of taking preorders would it not?

Side note: I wonder if a judge would classify bitcoin as money anyway? Successfully arguing that in court could open some pretty interesting legal precedents now couldn't it!