And apparently, people are willing to pay even without the creators having to give up equity. So even if that option legally existed today, why would they?
It's certainly true that some people are willing to pay. I consider myself a person who's primed for contributing to a kickstarter, and yet I've never pulled the trigger on one because it doesn't meet my minimum criteria for investing, which is a monetary return. I imagine I'm not the only person who feels this way, and to open up that option to people only brings more money to projects
By calling it an investment, you misunderstand the purpose of Kickstarter.
Do you consider any time you spend money as an "investment"?