What legal liability though? They're working on the game still and that's all they need to do to stay on the right side of the law with this stuff, unlike Elyria crowdfunded MMO which seems to have largely taken the money and ran and is now building some garbage "management" game to avoid lawsuits about this.
This is just the nature of crowdfunding, most of the crowdfunded MMO's are still in development long beyond their expected ship date.

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