Except there are ways to get around that. Ever known anyone who got a loan from parents/friends/ to start a business? Spin it as debt rather than equity. Although you could make a decent argument for waiving those restrictions for very small investments (say sub-100 dollars per investor with a cap on total investment as well).
But that's fine- if you can't do it you can't do it legally. That still doesn't mean that Kickstarter is anything other than a complete rip-off, transfering risk from the business to the buyer. The way its supposed to be is you make a product, taking the risk, and profiting for doing so. Its not supposed to be you con people into giving you money, let them take the risk that you can't complete development (or that you're just a scam), and then profit as well.