If DS wanted a deal with Epic then they should absolutely have to deal with the fallout by footing the bill for refunds.
i know this sounds hard and stupid but technically Deep Silver is not involved in the Kickstarter project.
Deep Silver is the publisher of the final game, they funded and managed their own thing in this project.
none of the Kickstarter rewards are handled by Deep Silver, they didnt promise anything on that page.
and you dont simply buy things on Kickstarter. you give them money, so that they can do the project they want to do
and as a reward you get something back. but Kickstarter is not a shop, Kickstarter is not a pre order page.
you are investing money because you want a project to be a success.
there is no rule that you will get the same value back.
as Kickstarter already commented, there is no guarantee that every project will be a success
and every project creator is responsible for offering a compensation on their own.
there is no guarantee that you will get exactly the thing that you are seeing on the Kickstarter page
and there are no rules that the project creator has to give you what is listed on the Kickstarter page
because technically you didnt buy anything.
then YS Net had Steam in their mind because they probably decided that right as they created the Kickstarter
but again, this has nothing to do with Deep Silver, that offer was from YS Net
because they assumed it would be available there.
i dont want to defend anything, im not on any side and of course its a really bad miscommunication between the parties
but if you look at this from the terms of use / law / whatever side,
i'm pretty sure that this Epic - Deep Silver - YS Net deal is safe and backers cant do anything about that.
again, no defending anything
and of course it would be the right thing to just give backers what they were promised.