It used to be that the thought process of receiving a portion of sale money before delivering any product allowed the company to pay suppliers and keep afloat as they drove towards the finish line of delivery. Now it seems the grifting-meta is to make promises around a product with no plans on delivering it, take in pre-order money, and then just park it in an investment account to grow during a bull market. By the t…
There's never been a time where that would work. A damages theory can't make you cough up your stock market gains, but unjust enrichment will do it.
Put into an example, it's always been black-letter law that if I misappropriate $1,000 from you, put it on red 27, and turn it into $36,000, I owe you all $36,000. If I'm less lucky than that and turn it into $50, I owe you all $1,000.