I think there are also other issues at play here as well, but of course they are only a guess.
I agree if testers of the M1 aren't privy to the M2, it doesn't seem fair to them, but for one problem, the Spanish Inquisition was a group...not one guy. Logistics of letting them all try when they are all spread over the place is problematic.
If I remember correctly they were also the last ones (by quite a long time) to get the M1s due to hold ups in customs?
If these assumptions are both true, the question then, is there a benefit to the overall populace of backers to delay the release another month or more to allow for that? This also still relates back also to my question in the other topic....that the tester "green light" is a moot point as it looks like that went out the window as well. We know that the company has not been very good at communication here, so this is part of why I am giving a benefit of doubt. So while I agree they got the short end of the stick here, I don't know that recommending legal action is really called for.
I am not a YouTuber or public figure that could be a tester, and I didn't put hours into testing or providing results to the company so my perspective will not necessarily be the same, but that said, I got this whole process more as an effort for some enthusiasts to assist the company make a better headset and I think they contributed to that end. If I had been a tester, yes I would be disappointed about being left out of round 2, but I am not sure that I would feel the company would have to delay release due to my disappointment.
So I agree this hasn't been the best situation, but considering some of the drama over the last 9 months, I can't said I am not surprised with it and frankly I expect more bumps going forward when we get to the controllers. I would hope that the company recognizes the situation though and does something for the other testers.
Edit after update....
Well looks like per another posts the Inquisition is getting the M2s anyway...so this was a tempest in a teacup.