I finally heard back from Pono Support about my player coming with 16/44.1 pre-loaded albums. I had requested other hi-rez replacement files or a download credit to use on actual hi-rez albums. I also requested a refund if they could or would not do this. Here is the response:
Thank you for reaching out to us here at Pono!
We understand your frustration.
At the moment, not all albums within the PonoMusic catalog are available in High Resolution 24bit. We use the highest resolution available from the labels and artists. A great deal of the albums from the 1980's onward were mixed to Sony PCM16010/1630, the industry standard for CD quality recording at 44.1/16, and these mixes are all that are available today unless the artist goes back into the studio and remixes from the ground up. If this does happen we will then make it available for Pono users. For some of the Signature Series players, there are only 44.1/16 files available.
Unfortunately, since your campaign pledge is considered a donation, we cannot issue a refund at this time. We apologize for the inconvenience.
Please contact us with any further questions or concerns.
Mahalo,
The Pono Support Team