Those who are investing in a project should do their due diligence. We made no secret about the state of the code; if you read the "Announcement" thread, you would have seen the following disclaimer:

The code being released here is of alpha-quality and under heavy development. You should expect to encounter significant bugs when using it. It is even possible that a bug might cause you might lose some money. The Counterparty team will do everything in its power to prevent this from happening, but this technology is very new, and the implementation is not yet well-tested. In particular, we may at some point have to change the Counterparty protocol in a not backwards-compatible way, if such a change is necessary to fix a bad bug or an exploit. As always, don't invest more than you can afford to lose.

Nevertheless, we have decided to compensate users for this bug, given its peculiar nature. We are all, however, extremely busy, and so if we don't get back to you right away, rest assured it is not because we are not "sticking to our promise", but because we are, among other things, trying to make sure that fewer serious bugs pop up in the future.

Thank you for your patience.