You'd probably do well to avoid attributing to malice that which is adequately explained by stupidity.
Malice or stupidity, both are equally unacceptable They had 1 year to test and optimize for 5000 series yet they didn't even get the most important feature to work at all.
nV made a phone call about DX10.1 in Assassins Creed and it was removed the next day. I guess they made another phone call for HAWX 2. But I don't blame nV, I blame Ubisoft.