Known or not....this is a big FU to every customer in my book.
Rather than being honorable and saying..."You know what? I have an order with BFL, and I will ship my own when every customer to date has his/hers. Sorry for the delays."
Lets say he does what you said, and doesn't set aside any chips for the IPO. Now a few customers get their chips a few weeks sooner, and it's a giant FU to all of those who bought into the IPO (which does not include me).
There's a limited amount of chips in the first batch. Not everyone can get their chips. Someone has to wait. Do they make the customers wait? The IPO investors? If Josh was getting a free MR just for his own personal profit, then I would be pissed.
Well, then there is a question of which is the lie to honor.
It's true, he does do a diservice to his IPO customers. But then, they have the FPGA minirigs to tide them over for now.
He is directly in charge of the ASIC development project. (I use the term "directly" in a very...technical sense...not to be interpreted literally.)
So does his loyalty come first to his IPO clients outside his dealings with BFL (His Employer)
...OR...
with his Job as the ASIC developer and coordinator come first?
It's a tough call. Hobby or the Job. It appears he has elected to go with his Hobby.
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As for your other question, 400 chips are quite a few Singles, Mini-singles and quite a few Jaly's.
If I were him, I would put my Jobs customers first. The IPO guys within my side hobby and investment already have their FPGA Minirigs to tide them for awhile. My Job's customers have nothing...except ample patience and desperation. Perhaps even some depreciating faith.