You certainly know that things have come to a sorry pass when the conversation turns to narrow argumentation over what does or does not constitute an investment. For the record, when economists speak of "business investment," they include things like computer hardware and software, vehicles etc. - - hence there are rules in the U.S. tax code governing depreciation and amortization of "investments" which lose their value over time.
The real problem here is not a semantic issue. It is what is perceived by many as a breach of promise made to customers by VSL. The danger for VSL in this is that it threatens one of its most important business assets - - which is "good will." (The legalistically inclined will be glad to learn that "good will" is recognized by the U.S. tax code as a business asset.) The perception this decision engenders - - even among those who are not directly impacted by it - - is that whatever promises VSL makes now or in the future cannot be relied upon by its customers. Whether the income produced by this decision is worth any such loss of good will remains an open question. Microsoft, Apple, Autodesk, Adobe and other supersized corporations frequently change the rules in this fashion and get away with it most of the time - - but the effect may be different on a small company.
I'll give one example: when I ordered my G5 from Apple in June 2004, I also ordered Logic 6. Apple was unable to deliver the G5 for several months. It arrived, together with Logic 6 just three weeks before the release of Logic 7. Apple was adamant that if I had purchased Logic 6 a week later than the date they had charged my credit card, I would have been eligible for a free upgrade to Logic 7, but, since the interval was three rather than two weeks, I was not so eligible and would have to pay the $300 upgrade price for a product for which I had just spent $1000.
At the same time, as I ordered the G5 and Logic 6 from Apple, I had also ordered an upgrade of Digital Performer to version 4 but could not use it because of Apple's delay in delivering the G5. When Digital Performer 4.5 became available, MOTU notified me that I was eligible for a free upgrade - - even though it had been three months since I had ordered and received the upgrade to DP 4. As a result of Apple's policy, I did not upgrade to Logic 7 until about a year later.
Although I have respect for and use Apple's products, this experience demolished whatevever positive illusions I might have had about Apple's business practices. In Apple's calculation, it appears that the loss of good will engendered by their policy was of no concern.
MOTU, on the other hand, appears to have decided that the loss of good will that would be engendered if they followed Apple's example, would have a significant negative impact on their business. But then, MOTU is a relatively small company aware that it does not have an enormous market into which it can sell computers, iPods, cellphones, AppleTVs, etc.