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They'd rather the players who didn't get it be upset than the ones they know are willing to spend that amount of money. Basically, they want the whales to keep spending and not be put off.
(I used to spend like a whale on WF as well, think I put in close to $2800 since 2015 across Xbox One and PC. I sorely regret it.)
Also IMO Ember should not be compared to Frost and Mag anyway because yes it's called heirloom but is actually exactly like a deluxe skin if we look at pricing, bundles and availability. Everything matches to a deluxe skin yet they decided to call it heirloom for some reason. Mag and Frost were the only true heirloom skins that we ever had and will ever have because DE abandoned their original concept because exclusivity doesn't make everyone happy.
Either way, they want to look good so I doubt they'd risk looking bad.
Ember should absolutely be compared to Frost and Mag, because they're literally the same thing and that's the point, the reason everyone was angry originally with the first two Heirloom collections was because they were Deluxe skins made for an anniversary that was supposed to be a fun time for everyone to celebrate pushed in really bad bundles that made it impossible to justify for the majority of people who wanted them and given a time limit to pressure people, something that they did not want to repeat because it was bad and nobody liked it.
Also, they've repeatedly said that things were exclusive and time limited before and still brought them back later with the exception of Excalibur Prime which is for the recognition of early supporters, and people support that being exclusive because it has sentimental value, not because exclusivity itself is good, it's an exception, not the rule. The previous Heirlooms don't have that benefit, again, the backlash they received when they first dropped them.
The only things they ever brought back were things that were never stated to be permanently exclusive in the first place, so that statement is just incorrect. The founder items were stated and advertised to be truly exclusive, the TennoCon digital packs also were, and the same goes for the Heirloom packs you're referring to, and none of those will ever return in any capacity because they were designed as such.
FFS there is No legality issues at all here. In a world where Real physical crimes being committed, there is no chance in hell that a court of law would even consider elevating such a victimless crime for further proceedings.
So it may sound good on paper. "I BOUGHT frost-pRiME FOR 80+ dollars and now they bring it back! i gonna SUE!!!!" this would not be taken seriously, and the letigation cost would far exceed any payout. Even if every single player that currently played the game at the time were awarded, the court cost would far exceed each of them getting their little 80 dollars back.
To "sue" someone isn't as straight forward as it sounds, especially a million dollar company who will fight tooth and nail to defend their scummy actions. In reality, they could re-release those ugly air-loom packs tomorrow if they wanted to with a note attach saying "lol" if they wanted to.
If there's any point that Mag and Frost have the Heirloom skin returning for the general public, it'll be many, many years in the future.
Tbh I would not hold onto hope or hold my breath. More likely they just "won't repeat the mistake of the heirloom bundle" once a new series of skins come around and hit Mag and Frost.