"The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving loan programs, gambling or gaming activities, telemarketing activities, investment programs or any other business involving the solicitation of funds or cold-calls to customers without the express approval of the Probation Officer prior to engagement in such employment."
I emboldened the important part. Butterflylabs is not any of those. You might say, "Well, it's an investment program!" You'd be wrong. An investment program is more like, "Give us money and we'll give you more money back after some amount of time." Butterflylabs is providing a product that you're paying for.
As for the "omg it's fake, Butterflylabs doesn't actually have the units they say they do," again you'd be wrong. They have already shipped to roughly a dozen paying customers. These are customers with no affiliation to Butterflylabs. Plus, we know what the boards look like due to the videos and screenshots we've seen.
In summary, I suppose you'll have to wait and see. However, I'll be enjoying my Jalapenos in a few months time.