I don't think that's fair at all. Josh is already bending over backwards to tediously refund every person who isn't 100% satisfied. And honestly, from my past experiences with these guys I bet you will get a little something anyway. Josh didn't want that crew to look like that, and he is getting hit hard for it. People need to stop acting like this is some kind of joke Level 1 pulled to entertain themselves. This kind of stuff constitutes the small amount of revenue this company gets to put out movies like Refresh. If you don't want it, don't get it. Chances are you will have a chance to get something you do like. I would be pissed too, but I'm not going to pretend this is the end of the world for the customer.
Best of luck to Level 1 and all the people who wound up getting screwed by this mishap, I feel for you.