Please elaborate on the audio thing. Keep in mind that professional users can use AopenAL, and that most of us don't really have a fancy sound card. The usermode exposition of per-application volume sliders is handy.
I don't know what to say about the other points other than I downloaded it more than a year ago from my nearest torrent tracker, it installed without any key, it reports itself as genuine, I get all the updates (incl. SP1 and beyond) and can even download things from microsoft.com
that require validation. All the software I use and things I watch are pirate.
About framerates, using the same driver version, I get about ~1.5% slower than XP. If that means that I can open two games (or 3D apps) at once without stuff sucking much, and that enabling V-sync doesn't imply 100% CPU usage due to the retarded driver spinlocking waiting for the card, then sure, I'll take it.