I would say that it's quite clear that Kickstart campaigns are not preorders (unless they blatantly claim to be). I don't know the details, but the JOBS Act in the USA supposedly made sure that crowdfunding is allowed. http://en.wikipedia.org/wiki/Jumpstart_Our_Business_Startups...
While the JOBS act made crowdfunding possible, it is still regulated by the SEC, and kickstarter is not a crowdfunding platform. Kickstarter cannot be a market for equity in companies.
