Yes, the CYA January 1st has been there since the beginning. One little detail, buried under the pile of promises and hints that implied shipping in October, then November, then December. Regardless of who says what, the fact is that BFL profited from these failed statements by locking in a huge chunk of miners' investment funds against their competitors. A rather convenient failure.
This is what bugs me so much! I was duped... they knew damn well there was no way in hell they were going to make October, yet they were tight lipped about it and secured the majority of the preorders. There's no way that they didn't know that they'd be late considering they've delayed over two months now. Now people are stuck... you can get a refund and go to the back of the line somewhere else or just suck it up. A truly crappy scenario.
My
speculation is that they didn't know their ship date would be pushed out until their first batch of chips failed. That's when they had to push back the ship date significantly. Midway through October, they were still very confident about meeting the early November deadline (pushed to then from late October due to miscellaneous parts not having arrived yet). They were also ready to bring out two prominent members to view the prototypes right after they built them in early November. Unfortunately, the new chips didn't work out for whatever reason, and all they could do is put them on the boards and show us pictures, while they wait for the new fixed batch of chips to arrive.
The language of the postings from all members of BFL definitely shifted late October. It seems as though they were fully expecting to be able to ship them out in early November, then something happened and they realized they could not. My bet is that "something" that happened was something wrong with the chips, especially since someone pointed out the bulging on one of them in the pictures.
They did say right from the start that they expected to ship late October provided there were no unexpected delays.... well viola, unexpected delays! I don't blame them for things beyond their control. I always viewed October as a best-case scenario, since they pretty well stated as much that's what it was.
EDIT: I will be sorely disappointed if they are unable to ship them out before other ASIC vendors begin their shipments, but I made my bet, and I'll deal with the consequences of losing it.