You can still buy SCAL 2 from a third party if you're quick for the ones that still want it. If you go over to the cricut social group you'll find where to get it from !
I haven't read anywhere yet that this lawsuit between Provocraft & Scal has been settled. Craft Edge needed to bring their software up to date to accommodate more machines which have worked with them to be compatible rather than suing them ! so I think that they've taken the opportunity to remove the cricut from the update.
Scal 3 apparantly works alongside the SCAL 2 and doesn't replace it altogether.From what I understand the upgrade is only for the added machines and everything else is the same as 2.
There's a few posts on this on the Cricut Social Group over the last few days and a couple of people have been successful in getting SCAL 2 rather than the 3.
Not sure what they can do about Fairycut as it's a Canadian Co. So not sure if the US lawsuit would cover them depends on the wording of their legal policy I would think. No doubt they will try their hardest to do the same.