And it looks like they were struggling for customers until the last minute.
We were supposed to be notified of the progress, but since we never heard anything, I guess that didn't happen.
Your post almost sounds like an oops from okpay.
OkPay litigated with MtGox company to be able to refund money directly to the clients but MtGox denied such action.
I'm not a laywer but the quoted 2 clauses look to contradict whether gox can deny about the funds being held.