Itch. There hasn't been clarification on anything. Creators are removing their games because if what itch is suggesting is correct, then those creators could be hit with thousands of dollars of refunds. Its not worth risking it.
I've heard some people suggest that those devs shouldn't have spent the money from sales, but being honest, when you get paid for work, do you store all of that money just in case someone changes a rule and you have to refund everything? Right now, would you be able to pay back a lump sum of $5000 that you accumulated piecemeal over 3 years?
That is why devs are removing their games. They posted them when they were allowed by the rules. Now the rules have changed and the implication is that they are liable for every refund. People can't do that or even risk it until the situation is clarified.
Put yourself in our position. What would you do?