As a pre order guy im lucky that I did not pay in full. Unlucky that I ordered the std with pdi glass. A few emails to heighway about "is my game arriving anytime soon?" went unanswered. A simple "we haven't secured the glass yet but are planning on dec to fill the order for the upgraded glass" would have at least set my expectations at a more reasonable level.
I see both sides point of view. Legal action is required because heighway ignores the full skin in the game people who now want refunds. They can ignore the "where's the money lebowski" emails, but they can't ignore legal proceedings if brought. It would not be stupid of them to think that this method would work, because eventually they would have a perhaps better route to the refund, instead of sitting and hopping it works out.
Then again a lawsuit will throw ye old monkey wrench into the gears of progress. In the email(which I though was finally my payment to ship confirm email) they state there is a plan moving forward to make everyone whole. Lawsuits will make this plan more difficult. The track record of HP hasent been great at meeting expectations and deadlines. At this point I think they need the pre order $ to get money flowing in. And legal proceedings might delay or derail the entire game.
If you don't trust/can't wait the for the Hp NOS owners to follow their plan to make it whole, I wouldn't think any less of you folks who join in on the refund lawsuit.