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As for the refund in BTC/USD, I wonder if there's a precedent for someone paying for services in something like gold, the market changing, and then being paid back in not gold and that being unacceptable. That would be interesting if someone could find a helpful case of something like that.
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1930s monetary gold was confiscated and gold delivery contracts that were specifically designed as a hedge were invalidated. If anyone wins anything from HF you will only get dollars not BTC and that's even if they kept the BTC since legal fiat is the only option when it comes to damages.