If I signed up to a site that says I am suppose to get X returned + Y% and it doesn't deliver on that promise then it is a scam, and I am in the position to say that, cause most people would agree with it.
Most people will not agree with it.
Pyramining never said you would get X + Y%. He said you would get mining hardware that was expected to generate X + Y% under the business model that he explained as clearly as he possibly could. Nobody has been scammed if they don't get paid X + Y%. Not early investors, not late investors, not anybody.