Would anybody fault uBeam if they got to market using stuff Tesla showed in the 19th century? All this story shows is that after selling snake oil you should buckle up and ship aspirin.
What, are investors going to sue them for not being acoustic enough? "these sales are great but this isn't the tech we were promised."?
Who cares. It's called uBeam not uScream. I've never heard anyone complain about someone shipping different tech from what they raised money with. Have you?