I purchased one of the themes in question and now that site is a complete mess. I probably should have known that a theme with that much functionality was too good to be true, but despite how much I have used WordPress, my understanding of it is still limited.
I ASSumed that a theme being offered by themeforest was playing by the rules.
As for themeforest’s role in all of this—If you want to be the “Wal-Mart” of Wordpress themes (one stop shop for a variety of items), you need to take some responsibility for what it is that you are offering. You can’t just point a finger at the author and say “it’s his fault”.
It is situations like this that give the GPL development community a bad name. There is no sense of ownership when the crap hits the fan.
I am not even going to ask for a refund for this theme. The mount of time, effort and most likely replacement plugins I will have to purchase for the site to get back up and running will make the theme price seem insignificant. Disappointing to say the least.