I do not agree, if I pay you one way I want that payment back the exact same way. If I paid you with a CC I want the money back on my CC, not to western union me pesos because that is the currency YOU use. If you buy something online in a different country the refund you the exact same currencys back.. it does not matter if it has lost or gained value. Can you understand that, Gold is gold no matter the value, just like BTC is BTC.
I would like to hire you as my lawyer to get all the funds back that were spent on currently undelivered mining equipment.
Wait, you mean we have no case? You mean your entire thinking is incorrect and wouldn't be recognized by any court, jury, or regulator? Oh well, it doesn't hurt to dream.

shit out and form a legal entity known as a trust. The trust can then sue the mining manufactures, securities issue solved. How do I know this works its common practice and it in fact is what they are doing to sue BFL. Its not hard to prove a company negligent and show they have caused you financial losses due to that. If that shit with BFL backdooring miners is true watch them get sued into thin air.