Yeah that just sounds like a disaster waiting to happen...From their forums regarding licensing
I'm honestly not even sure how this could NOT violate Kickstarter's guidelines. They are producing a video game based on copyrighted material to which they have no legal usage rights. To make matters worse they are doing this for Harry Potter; which means they'll have to deal with potential licensing backlash from Warner Brothers AND J.K. Rowling; both of whom have proven to be quick with cease & desist requests.
This is hands down one of the most unprofessional development processes I have ever heard of. Let me highlight the last sentence.
If they don't however, then no, they will not be allowed to release anything HP related.
The game that they are marketing as "Harry Potter Online" may not have anything Harry Potter in it if they cannot obtain licensing rights, which as of last month they do not have.