Re: DryBones
".....You need to be thinking like an end-user about this....." So, thinking like an end-luser, when the USB device stops working (which may not be noticed until an USB device is plugged in days after the update), the luser does one of three things.
In the first case, they just assume their cheap, eBay-sourced USB device has blown up because it is a cheap, eBay-sourced device, and they go order another. Should that not work out-of-the-box (because it has a one of the fake chips) then they may come to the conclusion that buying cheap, eBay-sourced devices is not a good idea, and then purchase a more expensive part which has a warranty and hopefully an FDTI part included. At some point the supply of fakes will dry up as they will not be able to sell them as 'Windows ready' without falling foul of Trading Standards.
Secondly, in the case they think they have a warranty they will reach out to the warranty-supplier's support, at which point it is up to the supplier to explain they have used a knock-off chip and need to supply a working replacement (ie, one with a proper FDTI part). Since the device is not 'broken' it could be rejected as a warranty replacement case, but that depends on whether they described it as 'Windows compatible' at the time of sale as it no longer is post-update. Supplying a replacement part that they know is not going to work after the update as 'Windows compatible', either as a warranty replacement or as a chargeable replacement, would be an illegal act in the UK, probably all EU countries, and most likely in the US too.
In the third case, the luser takes his unit to someone who actually has the skills to diagnose the problem. In the case it is someone really skilled then they will get the explanation and probably the offer of a replacement device with an FDTI part. If they go to a less skilled repairer, such as a PC chain store, then they will probably get an offer of a replacement part with the diagnosis of "dis part be broke, we sell new one, only $59.99", but it highly likely someone in the chain store's organization will know about the issue and will have made sure their stock of replacements are genuine FDTI-containing parts.
As it is FDTI has not irreversibly broken the 'fake' device, simply ensured they will not work with FDTI's Windows driver. FDTI is under no legal obligation to supply a driver that works with non-FDTI devices and could argue that, since it has no means of qualifying the design of 'fake' devices it cannot guarantee they will work safely and is therefore protecting the user. This is the Apple argument used to stop people using non-Apple PSUs and connectors.