That code runs with ATi cards because it's compatible with it. That code it's there. So ATi owners have a game with code that works in their hardware, but that they can't use because...
Because the developers have put additional code on the game to ensure that if it's not NVIDIA hardware what is trying to run the game, then you can't have access to that part of the game?
OK, so, with your POV, if NVIDIA (or ATi) helps someone to make a DirectX game, then it's only a misguided sense of fairness what would impede them to include some lines to make it only NVIDIA (or ATi) compatible, so it doesn't run on any other machine? That's right for you?
Where's the line if not? AA yes, but shaders no? Or AA and shaders yes, but basic geometry no? Or the whole game, maybe?
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EDIT: And you're playing with words again. I said "need", and you've perfectly understood, because I'm talking about code. You "need" to code something to work if by default, it's not done. You "don't need" to code it, if by default, it's handled. I think it's pretty clear that I mean that this code is working for D3D hw in general, there's no difference between NVIDIA and ATi hardware at that level. So your code works for all that hardware, except if you purposely disable it for certain hw. That's what I mean with "need".
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