Yeah, that's how you interpret the bottom line.  But if you were measuring the bottom line based on gold, then no.  I'm not questioning that you are getting ahead in terms of $.  I'm questioning the integrity of the process.  If I traded someone 5 flawless diamonds for a machine that they personally valued at $55 million, but they never gave me the machine.  I'd be entitled to my 5 flawless diamonds back, right?  But if the value of diamonds decreased while waiting on the machine, and then the person said never-mind, and gave the diamonds back, I possibly have a lost opportunity-based lawsuit.

Darkmule has an excellent point, because it can be calculated that BFL were in it for the money and not BTC.  However, they were intentionally deceptive in appearing like they were fully supporting the BTC network, and they have said contradicting things:  from one being that they are going to secure the value of your investment, to then saying that BTC is a gamble; no liability!  So the grey area allows for many victims to be exploited.