HiPhish: I just have to imagine this kind of situation in a non-gaming context. "Yes, I know you hired us to build a small house for you and it should have been done by now, but sinc eyou gave us a generous amount of money in advance we decided to build something much bigger instead and blew the budget. Please enjoy these photos of us goofing around on the construction site."
GoatBoy: I'll help you: imagine this kind of situation in an
entertainment context: "Hey man, you know, I am insert_super_musician_name_here. I've got this project, and it's cool, and I need some money to raise a band, buy some instruments, etc. If you help me, you can have a free ticket for our concert and you can have a little fun with us while we play, maybe giving us some suggestion. What do you think?"
And so on.
I would like to emphasize:
entertainment, not "building a house" or "cooking a potato".
Yes but I don't think entertainment absolves one of responsibility.
If some band member said that and couldn't deliver, I would think he was a douche. Depending upon how famous such a band would equate to the backlash at hand.
Double Fine isn't a newbie on the block. Now you could argue that this is the "first" kickstarter and so they were ignorant, but I still don't think that holds water. First, they should based upon past experience (being veterans) known pretty well. Second, even if we take that argument of lacking knowledge on kickstarter and being veterans, that still doesn't excuse mismanagement.
It doesn't matter if they were making Barbie Dolls and Ken figured, bottom line they mismanaged funds.
Now there isn't legal recourse, due to the nature of kickstarter. Everyone should know about the risk involved but none of this helps their reputation.