So let me try to explain the situation how I best can describe it:

BFL does not have anything resembling an actual product, but instead they have a bunch of bits and pieces laying around on a table and a half-employee-customer that does not have any desire to have that abortion of bits and pieces shipped to him. And the bits and pieces are not even working properly falling short of the 75% criteria of the advertised hashrate and overheating like mad.

Is there anything incorrect in that description of the situation? How would you compare the correctness of that to the other competing opinion that BFL has shipped a product.

Let me then speculate, but for this truly to be Luke-Jr's shipped product, both of the two following speculative assumptions must definitely be false:

1) BFL guys are still continuing to hit those bits and pieces on the table with an oscilloscope, SW debugging tools and various other lab testing equipment and they are not keeping it fully powered on hashing 24/7 in the fear it will overheat and die setting fire to the whole building before they are able to find out everything what is wrong with it.

2) Luke-Jr's unit will be swapped for a working production model that is going to be actually shipped to him as soon as they are finished and this abortion on the table will be thrown into trashcan by BFL employees either at the moment when finished products are available or when this unit dies from overheating whichever happens sooner and Luke-Jr is not going to feel sorry for 'his' unit. Maybe for the lost bitcoins, but not for 'his unit'.