I’m a bit confused by that pcgamesn.com article. They say:
CIG responded by reiterating their terms of service (recently changed to make refunds harder to obtain). Specifically this passage, from that recent change:
“For the avoidance of doubt, in consideration of [Roberts Space Industry’s] good faith efforts to develop, produce, and deliver the Game with the funds raised, you agree that any Pledge amounts applied against the Pledge Item Cost and the Game Cost shall be non-refundable regardless of whether or not RSI is able to complete and deliver the Game and/or the pledge items.”
And then they provide a WayBack Machine link to the “original” TOS, which includes the passage:
For the avoidance of doubt, in consideration of RSI’s good faith efforts to develop, produce, and deliver the Game with the funds raised, you agree that any Pledge amounts applied against the Pledge Item Cost and the Game Cost shall be non-refundable regardless of whether or not RSI is able to complete and deliver the Game and/or the pledge items
The only difference between the new and the old version is that they changed "[Robert Space Industry’s] to “RSI’s”, so that part has nothing to do with the recent change.
They do correctly highlight that Streetroller was basing his case on the new TOS’s removal of this section:
You agree that any unearned portion of your Pledge shall not be refundable until and unless RSI has failed to deliver the relevant pledge items and/or the Game to you within eighteen (18) months after the estimated delivery date.
Eighteen months have already passed since the estimated delivery date, which would make the signatory eligible for a refund for “any unearned portion” of their pledge. Indeed, at the end of the new TOS, it reads:
Pledges made under previous Terms of Services continue to be governed by the corresponding clause of the Terms of Services, or of the Commercial Terms, as applicable, which were in effect at the time of making the Pledge
Which means that Streetroller was in the right to request a refund, as per the new TOS. Only a new backer ought to be affected by the change.