Sadly I'm beginning to agree. I suspect they've had to go off onto other paying projects to pay the bills and left XenForo standing still for the time being. Can't say I blame them, fighting the legal action saps finances, energy and time.
Problem is if they said that, sales would dry up which wouldn't help things, but they're now in the situation where it just gets worse as time goes on, as it becomes more and more obvious that the case has had a very detrimental effect to development.
Kinda what IB wanted, I'm sure.
But KAM are caught in a no-win scenario here, whatever they do they either keep everyone informed and lose sales one way, or get accused of abandoning XenForo & as time goes by sales slow down because of the lack of updates. I really do not envy them at all. However, as time goes on, I'd say option 1 will maintain sales longer than option 2, even though the drop off in orders may well have been quicker with option one.