Agreed with the OP. The 'refund clause' in the merc pack was included to assure players that their purchase would be safe in the event of a reset including the one originally planned for commercial release.
Then CCP decided to give the playerbase a big gift and declared that no SP would be reset on release day.

In my way of thinking, CCP's decision to let us keep our SP was a nice action that I will respond to with gratitude and happily release them from their agreement to refund the merc pack upon launch.

For those people who want CCP to refund their merc packs, I will say that you purchased that merc pack at a time when a launch day reset was expected. If you expect CCP to refund your merc pack, then you should also accept the character reset which the 'refund clause' was intended to PROTECT YOU against.

How about this? Why not turn around the idea laid out in the original post. Upon release, have players opt in to waive their refund in return for avoiding a character reset. This way CCP is honoring their original agreement by default but allowing people to keep their characters if they agree to a modified terms of service.

don't care about level I care about double dipping, If this really is about keeping CCP honest or consumer rights then you would accept the refund with reset. if its about anything else.......

CCP agreed to a purchase agreement that stated the merc pack would be refunded upon commercial release.. However, yes, they could delete anyone's character,.

EULAs attempt to argue you have no rights to any of the 'virtual' property, but plenty of EULA's have had clauses proven unenforceable and voidable in court. The entire virtual property concept is relatively new and its legal implications are still being determined. Would it hold up in court? The at times obnoxious thing about the legal system in many places today is that i the end result is not always what it could or should logically be, especially when dealing with such novel concepts as virtual property with real world value.

Regardless, the damage CCP would do to their image as a corporation that can be trusted and deserve to be supported would not be insignificant if they took the approach you suggest. They would be walking the same path as EA, now synonomous with bad customer service, horrible incomplete games, and screwing over their customer base.

Unlike EA, CCP has a solid reputation that they should and likely will seek to maintain. Deleting characters of paying customers simply for expecting what they paid for would do as much, if not more damage, than any court case. I'm not even sure why I'm arguing these points in the forums except CCP has shown they can sometimes consider all the QQ in these forums far too much and if more sane, less idiotic viewpoints aren't offered then all CCP sees is the idiocy many spew herein.