Brucexie,
Here is the deciding factor as far as I am concerned.
When it was discovered that this problem existed with your software/hardware on BTCGuild did you return the BTC that you had been paid, but did not properly earn?
If not, then you are guilty because you have taken BTC that you have admitted to not earning. This is called stealing.
+1 well said...+1billion to WK

and i know it ain't gona be easy, but if *most* of us waited patiently for nmc payouts, we can wait for this...so pretty much anyone who mined on here while the attack was happening will get a kickback? i'm sure it won't be much but it'll be nice

The result will end up being a bump in percent shares rewarded for those who mined during that time period.