Harebrained Schemes acted in bad faith
Assuming bad faith here is incredibly unreasonable.
Is it bad faith to be constrained by legal dealings with the giant corporation that actually owns the property? That's the point you're making. Microsoft required DRM and thus the game has DRM otherwise the game wouldn't be made at all. That Harebrained was able to negotiate an exemption for Kickstarter backers is to their CREDIT and not a mark against them at all.
And it's really unwarranted to shit on them for the Berlin situation as well. Game development is hard. Take a look at the Skullgirls thread on GAF in which actual developers detailed exactly why something that looks simple from the outside is actually incredibly difficult and takes a lot of time and effort (i.e money) to accomplish. This isn't bad faith either. In fact I'd much rather that Harebrained do the sane thing by keeping a clear eyed view of how the project is going and take the appropriate steps to ensure that they can keep operating and get the game done in time to generate cash flow before they run out of money. They're not monks working for free.
Honestly there was no guarantee at all that we would get ANYTHING out of our Kickstarter pledges. Big games from publishers crash and burn all the time as do games from self funded indies and many many more have features dropped and scope reduced before release. What makes anyone think that crowd-funded games would be any different? We have to be realistic here.
That they've finished the game and are releasing it is itself a major major accomplishment. That they're fulfilling all their reward promises to boot should be praised and not derided at all.