Update:
I filed a dispute with Paypal for the Silent Fox transaction about a month ago, and they reached their resolution today. Guess what? I actually won it! I got a full refund of $42 too.
The key is to say that it was a physical product and he never shipped it. I told them in my dispute: "I ordered a piece of software from this seller and I still haven't received it. I never got a tracking number or anything else either to prove that it was sent. You guys can verify this yourself by asking for a tracking number."
It did take a whole month, but they found the dispute in my favor today and I got all my money back.
So if it's not too late, the rest of you should try it and see if you can get a refund too.