I would say, always give creators (no mather how absent they've been), 1-2 weeks from posting before saying that you shouldn't have hope of an update. No, it's not ok but at the same time, you can never be 100% sure they're bullshitting until shown different. In Marvels case he hasn't done a gumdrop games scam yet (as far as I know) and actually set a release date. Give him a week. If no updates or living sign of him you can probably think of him as a gumdrop games creator.
In my case I might be seen as hopeful for a lost cause, but at the same time I really think this game has some of the best models that no one else has copied (yet) and therefore want it to become something. And even without the models, in this case, I think the first paragraph is accurate.
Please correct me if you know he's done this before so other people can also see!
As an edit I might add that creators that care for their fanbase should at least pause patronage while not planning to make an update. So yes, in this case you can say that Marvel is scummy.