This actually brings up an interesting point of law. If information exists somewhere on a public website, is that information de facto public information? The rebate forms for the two rebates Dell is claiming were "private" rebates were posted in publicly accessible sections of their website. Does that make them public information?
This could perhaps hinge on the question: Could someone have legitimately happened upon these rebates without the pointers provided by forums like Anandtech and F*twallet? If so, I think it's basically a no-brainer that these rebates would be considered public information and hence Dell would have to abide by the terms of the rebates. On the other hand, if there is no reasonable way that someone surfing the Dell web site would ever have found these rebates, then it is a harder (and more interesting) question. And lest someone argue that "of course, if they are in a publicly accessible part of the web site they are public information", consider the following scenario: A private password protected section of a website. That's not public knowledge, right? But it's conceivable that someone might randomly navigate to that part of the website and then, when prompted for a password, might randomly guess the right password. Now, let's assume said surfer is rather naive, and doesn't understand that a password protected website is not supposed to be public information. Instead, (s)he thinks that the password request is just part of how the website is supposed to work. So this surfer, without malice, has now entered the restricted part of the website by chance. There's not a lot of difference between that and the person who, through happenstance, comes across a rebate that is on a public website, but could not be found or reached through any links on the website.
The interesting legal question may well be mitigated, however, by the fact that Dell CSRs were telling customers during the sale period that all five rebates would apply to their purchase. If anyone can document that the CSRs were telling people that, then I think Dell pretty much loses in court. But does anyone have proof of this? A taped phone coversation or else email during the sale period?
Kwad