Bitcoin would have made a better investment, but I am still profiting with these miners.
So you're saying you have them already and are profiting?
Yes and in a couple of days, yes.
There is functionally ZERO difference between someone who bought a $1,300 miner with BTC and someone who bought a $1,300 miner with USD.
If you spent 200 BTC on a miner, and still don't have your machine, I highly doubt that you'll be making your BTC back in the next couple years, if ever, in light of the increasing difficulty. People lost out in terms of opportunity, sure, but BFL is obligated to return what was paid for not delivering as well.
Further more, BFL's choice to refund people who paid BTC in $ instead of BTC was criminal, and anyone associated with the company deserves a scammer tag for that alone.
I don't know what you are on about SgtSpike.
I doubt I'll make my BTC back either. But I'll still be making a huge profit.
BFL's prices were clearly listed in USD, not BTC. Therefore, the refund they give will be in equivalent USD value. If BTC had dropped to $0.25/ea between the time of the order and now, do you think people would be complaining that they received back 20x the original Bitcoins they had paid? Or, if BFL was doing what you want, and only refunding the original BTC amount, do you think people would be complaining that they received a BTC refund only worth $65 when they paid $1,300 of BTC to begin with? The fact of the matter is, the only fair way to refund people is by using the original written purchase price, which was denominated in USD, not BTC.
If you think it's criminal, take them to court about it and see if you can find a judge anywhere to agree with you. I doubt you'll find one.