I don't think it matters anymore, Kevin told us our money was safe with Paypal, his implication being that we could ask for a refund and get it. Kevin changed the terms in the email from "you need to get a new buyer to fill your spot" to "your money is safely tucked away with Paypal, you have no need to worry".
In summary I don't think you need burden of proof anymore on whether or not your deposit is refundable, it is. The only question is - Is the money there to refund?
I know of a guy who asked for a refund 10 weeks ago, it took 6 emails for Kevin to even respond and yet the guy from Coast2Coast pinball gets immediate responses.
Instead of all this secrecy shit, Kevin needs to man up and post "I've f***ed up here, the license did/didn't exist, there will/wont be a game delivered" the present situation is ridiculous.
I've not asked for a refund simply because I know I wont get one at the moment and I believe (maybe incorrectly) that I'm covered as I paid on my CC for that exact reason. If I was in a position where I had requested a refund I would bombard Kevin until I got a response - I don't give up on anything easily and I suggest everyone who has requested a refund should given Kevin an explicit timeframe to reply in any email they send.