Regarding their NPS, I guess I understand now why they didn't sell anything.
It was them who increased the diff, so they would have "protected" us from them and not from their competitors as stated in the NPS.
Maybe it was meant from the beginning to be this way?: if there's competition shipping en mass KnC would need additional money to build additional hw for themselves and it would be paid with the margin from sales
I still call BS. They said if competition ships noticeable amounts during Dec-Feb, they would compensate Batch 1/2 folks by offering more up for grabs. They didn't define 'competition' or 'noticeable' amounts explicitly, but most consumer protection situations would work under the guise of the context of what was established at the time of writing as potential competition / hashrate.
Competition and hashrate has been shipping, available for next-day shipment (not preorder), since December, and continues to ship. I bet it will inrease now that folks realize KNC is BFL'ing their customers somewhat. Hell, it could be said that they caused difficulties for their customers by abusing hashpower. They've clearly mined with more than 5% of their shipped hashpower.
As such, they outright failed to uphold their end of the bargain. This isn't the first time either. They failed to produce upgrade modules as well, which they were supposed to do.
Fail. Fail. Fail.
I'm surprised someone hasn't been P/O'd enough to look into some sort of suit.
In fact, looking at the path they've forged, I'd almost speculate it was planned from the beginning. No wonder they and BFL_Josh seem to get along so well at the conventions.