All I know for sure is that they added that nonsense about "all sales are final", though I'd give them a quarter if their policy withstood even a weak legal challenge. Trapping people into non-refundable pre-orders while failing to deliver on any specs or shipping dates is...somewhat inconsistent with FTC & consumer protection regs.
They put that on the website a month or so back and a couple of people reported asking for a refund and being told by Jody that refunds were now on a case by case basis as all sales were final (a stark contrast to her "we understand if you can't stay the distance and will be happy to give you a refund" statement of last year).
If I had to guess, I'd say that they wanted to minimise the possibility of people cancelling their orders and requesting refunds once they were committed to the bulk order for 63,000 chips (and however many corresponding boards).
It seems really unlikely that their "all sales are final" statement would have any legal validity under the circumstances, especially as "two months or more" is so vague. If the customer agreed to a specific delivery date which was months in the future, it might be different, but essentially they're trying to say we'll deliver "whenever".
Of course the legality or otherwise of them taking pre-orders, saying "all sales are final", delivering a product which is materially different than what was promised, etc is pretty irrelevant unless people choose to take action under whatever consumer protection laws are available to them - something people are likely to do only if BFL starts refusing refunds en masse.
Personally, I find the lack of communication from BFL staff other than Josh appalling. When a project goes this wrong, there should be public statements and reassurances from the GM, the CEO, etc - it shouldn't all be left to the COO who is already trying to answer 1001 questions regarding matters where he doesn't even have direct knowledge. In my opinion, BFL has let Josh down badly and it's about time that some of their other executive staff stepped up and took some responsibility here. Half the time I get the impression that Josh has been kept in the dark and fed bullshit just as much as customers.