I don't suppose that subscribers got a refund on the issues that didn't come out.
Nope. SG announced that supposedly Innovation was going to give refunds, but they never did.
Actually, one of the reasons Midnite and I felt pretty safe to do a slideshow featuring the comics is because it's extremely unlikely that anyone who was connected to Innovation would come after us for what they might perceive as possible copyright issues because if they surfaced publicly, they might easily risk creditors pouncing and/or subscribers to the DS comics (and perhaps subscribers to other Innovation comics as well) coming after them for refunds.
(My original thought was perhaps going back to the slideshow for the '04 DS pilot, correcting errors, and sharing actual screen caps. However, when Midnite and I could no longer locate a copy of the pilot on YouTube, we figured it had been taken down
again for copyright issues...)