Actually it seems it's been resolved...if you go through the cooling configurator I linked earlier for EK products, you'll see that there are two different SKUs for the 7970 backplate:
EK-FC7970 Backplate - Black [3831109856192]
EK-FC7970 Backplate - Black CSQ [3831109856727]
It seems the second one was discounted then discontinued, but the second is still available. I may be wrong on this though. I think you should be safe with ordering them. Regardless according to EK they will replace it free if it turns out your is defective, which is easy to check:
Attention all EK-FC7970 backplate users!
Dear customer, it has come to our recent attention that some EK-FC7970 backplates might have slipped into sales which may cause a damage to chips when forced upon the card during installation.
The proper safety distance should be higher to prevent this sort of issues. If you have already installed the card and have no problems, then do continue using backplate without worries. The safety distance can be checked visually. In case you have uninstalled "faulty" backplate do contact our support and we will have product replaced. Thank you.
If you do order it and want to check if it is faulty go over here:
http://www.ekwb.com/news/243/19/Attention-all-EK-FC7970-backplate-users/
And measure the depth at the point they're showing and see if it is at the right depth.