If every sold instrument is converted (as would happen on a buyout) the number at the end of Q3 was 1.792B. This comes from adding balance sheet number at the top of the 10Q to the "potentially dilutive shares" on page 18. As of now, I would guess close to 1.9B.
Technically, "fully diluted" does not mean what most think. The accounting term includes instruments that if converted would dilute existing common based on book or earnings per share. But with a money losing company any such conversion over the market price is actually anti-dilutive, so does not count. The "potentially dilutive" number counts every sold convertible instrument.
There is no law against going over the limit, that is just a contract issue between the holders of the instruments and the company. The law is only wrt actual common issued.