The fact they over sold something that should have been finite is the problem, now they go back on their word to wait till release and let people in if there were refunds.
Just for a general information, due to small amount of refunds, there are still over 780 BTC currently gathered on both Bter and Maxmint (and some of these will need to be refunded).
This also means that even if we had not agree to the early trading (against the wishes of the majority), it still would not be certain that these waiting for refunds could have made it in.