If teams are leaving early it's more likely they are paying a huge amount to get out and the BE will use that money to help it add it's new teams for next season thus allowing it to qualify for BCS status the next go round.
I don't think so, because Marinatto has been so steadfast in refusing to budge on this point, and has been very public about it. If he was just waiting for a bigger buyout, he wouldn't have been so definitive. I'm thinking WVU will just schedule the games, and say to the Big East, probably with this going to court. The Big East has such crappy legal documents (didn't even create a legal entity for the conference in its first 26 years of existence, for example ...), that WVU probably thinks they can just go.