Found this update:
Update July 17, 2008:
We have D3D running on the TyTN II, check out the
Driver progress page for the specifics.
What about this lawsuit?
This site has been created because HTC so far has done nothing. We hope this site will get some publicity and more people will be aware of these issues. The more people who know, the more people who can contact to HTC and their mobile service providers. The more people who contact HTC, the higher priority these issues will get. The more people who contact their mobile service providers, the more chance there is the providers themselves will complain to HTC. If that happens, you can be almost sure HTC will correct this issue.
However, there must always be a backup plan. For if the above doesn't work, we are still stuck with underperforming devices. This is why we are investigating a possible class action lawsuit against HTC. This will again raise public awareness, and maybe, just maybe, we can
force HTC to take action this way. See the
lawsuit page for more information on this. Note that if you are a lawyer we can most certainly use
your help on this as well!
Ultimately though, this site is about getting the issues resolved, and publicity is the best way to do that right now. If a class action suit is required to get that far, then that is exactly what we plan to do.