In this case, there appears to have been no good-hearted attempt -- the project was funded almost 3 years ago, and the fulfillment of creating was to be handled by the US Playing Card Company. This means that the only real work required was to get a batch printed, then mail them out. This was either malice or just plain stupidity on the part of the creator.
People are starting to get their cards now, but I think that has more to do with this lawsuit and the media coverage Nash has gotten for this.
But I wholeheartedly agree that if a backer makes a good faith attempt to fulfill promises, then not shipping is not a punishable offense.