Well, it appears that someone got through to Interorbital Systems: as of today, they are no longer including a transceiver in the TubeSat kit, the TubeSat web page clearly states that licensing is required, and "for information about commercial operations from space", directs viewers to contact the FCC. (They're still a little technically borderline on some of their info, but WAY better than claiming that they're license-free!)

They even include a link to the IARU Amateur Satellite Specification document (under "information about obtaining the required amateur radio frequency allocation").

Interestingly, the price hasn't changed...

George, KA3HSW