I have a couple of thoughts on the licensing issue with regard to Spyderco.
First, I think Spyderco has Trademarked "the hole". This knife has 3 holes. I know there is still the one big hole but a court of law may not look at three holes as being an infringment on Spyderco's one hole opener.
Second, since the knife has not yet been released I doubt we will find information about whether or not they did license it to Benchmade.
Until someone who knows chimes in and says that either my first point is true, or that Spyderco has licensed the hole to Benchmade for this knife, we're wasting our energy discussing it.
I would think that anyone who's been around here longer than a few months knows that these things usually play out to be legit and a lot of people just seem to want jump on Benchmade (again).
Look at the Cold Steel ArchAngel, some bashed CS for ripping off DDR'd design, then DDR came on the forums and said he helped them design it.
Look at the Cold Steel TiLite, same thing but this time some people bashed them for ripping off Phil Boguszewski, we found out a short time later Phil designed it for them.
Benchmade & Neil are upstanding members of the knife community, stop looking for a witch hunt and let the cards play out to see what happens.
Edited to add: I just re-read the thread and see much of what I said was already covered. Oh well, that's what happens when you don't have time to read everything 