Agreed. The agreement between the EU and Microsoft states that they just have to provide all the same API's publically that they use internally. There is nothing about legacy support.
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With all the news of XBOX winning the next generation console wars I can't help but wonder if this is because microsoft home pc's users no longer want to upgrade there home pc to play games?
Especially if many 1st time console buyers are being attracted to the 360 (link here). I really think things are starting to look like windows vista may not have a great start this year in early sales."