It's true it's a zero sum game. The same goes for currencies died of an inflationary spiral. A zero sum game is actually what money is for. Making sure you're on the winners side is nice if you're going to play with money. So far it's working for me.
I was certainly lucky, but you explain to me why my luck is going to change? Your premiss only works if one day everyone dumps them all. I'll certainly keep an eye on it, but tell me why everyone's going to dump them tomorrow, or some other day, when the system has anywhere from 1/10th to 1/1000th the wasted money of our current system? You're not a fool for paying an extra 2-3% for everything? In total, the losers don't necessarily end up being people holding bitcoins. As they become more accepted, the losers may end up being all the other people holding other currencies. I assume that means you. The bitcoin adopters will lose if bitcoin stops gaining in popularity, and does an about face and starts decreasing in popularity (the speculator roller coaster also matters, but is a short term thing). Right now, that doesn't seem to be happening (trust me, I watch). There is a strong motivation for merchants to use them. There are no charge backs, no fraud, no PII to get your ass kicked by California with, and almost no fees (none if you don't mind things being very slow). Bitpay noted that in their first 10,000 transactions online, they didn't have a single case of fraud. The norm for Mastercard and Visa is 1 in every 160 transactions.
On the Ponzi issue.. Yes, there are similarities. Same goes for penny stocks and to a lesser extent normal stocks, any forex, and really, *ANYTHING* you could invest in. I don't advise people to invest in them. I tell people that they're neat, and a better form of money, but still very volatile. I also tell them that if they do try to use them as a get rich quick scheme, they're likely going to lose all their money when the volatility spooks them and they make a bad trade. If they're going to do anything like investing, they should get a small amount that they'll never miss, and forget about them for years (it's the forget about them part people have trouble with). What's better though, is to get a few, and use them just to learn what it's about.. Go over to bitmit and see how cool it is to buy things online without handing out your life's history.
OK, do you even listen to yourself? "those BTC that people have will be effectively worthless as there's no upside to buying them, assuming you even can buy them." If you can't buy them, then they're the price hasn't dropped all that much after all. There are lots of the things.. You'll always be able to find someone to sell you 0.00000001 BTC... especially if you're right. For a deflationary spiral to work, the price has to CRASH because nobody wants them, because you can't do anything with them because everyone wants them too much to part with them. Unsurprisingly there aren't many great historical examples. Eventually, people have necessities that they'll need to acquire, and they'll even part with things that might be worth more later.
There are a number organizations that have been very careful to ensure that they're compliant with the KYC requirements, and registered for official approval from FINCEN.. The US government hasn't officially stated anything one way or the other, but having FINCEN involved and participating is a (weak) endorsement of sorts. Under current laws, it's most likely legal, but tomorrows laws may take aim specifically at Bitcoin and similar things. It's still pretty unlikely that they'd be able to do anything about it, but that sure might hurt adoption (in the US anyway), and thus the price.
Some governments have clearly stated that Bitcoin is perfectly legal, although they don't formally recognize it as a currency, more like a commodity.
If you bothered to read up at all, and I mean at all, you'd know all this already.