I was under the impression that since they aren't doing a 'pure asic' but just FPGA>ASIC (and already proved their FPGA) there is a chance they are just funneling this through the fab and there is no 'tape-out' party that they care about
I could be completely wrong but that is the impression that I get
They're doing a standard cell ASIC, not a mere FPGA copy over. It's not quite full custom, like Bitfury's however, but it's next best thing.
The reason they can pull it off in the time frame they do is because they're able to access Orsoc's existing contractual agreements with the fabs they usually work with rather than starting from scratch like the other ASIC providers so far.
Frankly I'd like to hear it from them when they receive chips, that's going to be a gigantic milestone that will make everyone a lot less nervous, even for people like me that have a lot of trust in their effort. If they don't receive chips in august that's a huge problem for everyone, because that will mean cancelled orders for them and a lot of refunds. They've got a fiduciary responsibility to people whose money they've already received, but they have to balance that against whatever risks of informing their competitors on what they're doing, but I don't really see how that can really hurt them.
Might be an obvious question, but without hosting by KNC could it still be possible to mine in their pool?
No, they will not allow this.