In general with Kickstarter failures current and future, I think we'll find the evidence weighs heavily in favor of incompetence rather than malice. There's no shortage in the world of business ventures that are honest to goodness failures.
Is anyone arguing that mere accusations should result in kickstarter takedowns? You make a good point... just a sort of obvious one.
This is clearly a hard problem, and neither extreme of "proof beyond reasonable doubt" or "accusation = takedown" works. Maybe that's why this space is so unexplored! That doesn't absolve Kickstarter from having to discover the palatable middle ground.
Hard work is hard, and I think today's announcements are part of that hard work. So I say: keep it up, Kickstarter!
Yes, it should - if it's backed by a legal letter, Kickstarter might be liable too, if the suit is sucessful.
Takedowns due to "mere accusations" to me means that I can fire off an e-mail if I see a kickstarter project that looks sketchy and have it taken down post-haste.
To me, that is highly suboptimal.