Read up on Kickstarter. There's no guarantees for any product at all. You are investing in an idea. They money is used toward that idea whether it works out or not. People paid a ton of money and the result is a (again) currently-playable game that is absolutely beautiful.
Investment made -check
game creation begun -check
so what's the problem? oh...
lawsuits -all failed
sliding deadlines -perfectly legal as nothing was guaranteed
secrecy -unproven... oh and what company doesn't have secrets?
Customers who decry skepticism as foolishness -means nothing
Even if they stopped developing today, it couldn't be considered a scam. people a$$ hurt does not = a scam.