Tldr version: Crowd sourcing is weird.
The law doesn't cover failed investments. That's why when someone invests in a project or company, you form a contract that has penalties for not meeting certain goals by certain dates. Those CONTRACTS are legally binding, not the investment itself. This is why so many MMOs go free to play after a month or two. Because they failed to meet their investors return profits, and now need a quick boost of money from the cash shop, as well as to artificially inflate their number of players to fit the projections of the contract, even if it kills the game in the process. This is also why the games World of Warcraft and Final Fantasy XI/XIV still use the subscription model, and will likely never drop it. All 3 games were made on the companies own dime, without investors.
However with crowd sourcing, you don't have that contract. We aren't even buying a product, we are investing in it, and getting free copies of something in return. That's why the pathfinder mmo ks was able to get away with just sending out rulebooks and not the game itself. We aren't BUYING anything. And so its not a failure to deliver a good/service, and the law doesn't regulate investments. And something tells me that you didn't make Poots sign a contract before you backed, did you?
Thenonlynpeople who would even stand a chance in court against him are the people who bought the slacker backer packages, outside of the kickstarter. THEY actually did purchase a product, but even then, Adam does have lawyers, and I'm willing to bet they added a nice little escape clause to the terms of service for their shop, that linked the purchase to the life of the kickstarter.