Unless all this 'anti consumer' rhetoric is aimed at the situation where they stop development. Which, let's be honest, obviously means they would have run out of cash. If they've run out of cash then it's pretty basic cognitive reasoning that the backers wouldn't get diddly squat in refunds. So well played Sherlock, you've deduced the utterly obvious!
No refunds on pledges has always been in the ToS. They can't refund what they've spent on development.