The second he agreed to the exception of the Tongue and the Shank, it was no longer a full-on YOYD run, the deal itself was a contradiction. He agreed to let the others lot on his shank in the same manner he would be allowed to lot on the Tongue, it didn't matter who's orb either of them dropped on, anyone would've been able to lot. Under this deal, the other 2 went first, and neither dropped. Then, before his turn, he asked if they could annul the deal, because it was his turn, because the item hadn't dropped. This equates to saying: "The deal is off because it didn't drop, so you don't get the chance at all! I had my chance but, I didn't get what I wanted so...I'm not going to uphold my part of the deal."
The fact that he misunderstood a relatively clear deal about whether or not they would just give him the Tongue if it dropped (which is an idiotic assumption at best as he argues that the Tongue and shank are the only things worth getting from the KSNM, both of which are tied to getting Black Belt, the shank just gives you another shot at it) has nothing to do with it. He was still trying to back out the deal because it was his turn.
If anything, he was the one using "confidence man" tactics to get a chance at what he wanted off of their orbs (but didn't) while leaving them nothing, not even the chance to get what they wanted, on his (which, is pretty much the same exact item, which is why he wanted to back out, to further increase his chances to get the tongue by getting the shank to pop Behemoth for another chance to get the Tongue).
YOYD was the shout, and it would've been equally as fair. The exception made, was also equally fair, as it increased everyone's chance to get one of the two items. He thought that he was making a deal where he would have a better chance at getting the item than they would, which was downright foolish and in no way the fault of the other two.
Same people as the people on Phoenix who dish out 100-300k (or more) per hour to leech in a Fell Cleave party probably.

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