As I've said previously, FD's legal dept have probably been over this with a fine toothed comb (and they are professionals). What we are seeing from FD regarding refunds is certainly a reflection of the legal team's opinion of the strength of their legal position.
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Not that they are infallible, there was a case in PB of a chap who managed to get a refund of PB, because he didn't like it. He thought he was buying a "beta" in the modern "early access demo" sense and wanted his money back. A chap on the forum whose wife specialised in digital law pointed out a flaw in FD's purchase process that due to an EU ruling that came into force a few days before the chap bought the PB meant he could get a refund. He went to FD with the "case", and got a refund a day or so later. A day after that FD updated the launcher with new T&C wording to close the loophole. My point here is that FD will pay up when the legal case against them is strong. This bloke hadn't a moral leg to stand on, he bought the PB on a whim, didn't read the description, got annoyed that there were bugs wanted a refund and started mouthing off. Luckily for him this chap advised him, he got a refund and FD closed the hole.
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The fact that FD (and by extension FD legal) aren't paying up in a lot of cases means they think the legal case for a refund is weak, and they are the professionals.