The devs at WWI said it would not require DX10, but they never said they were not going to use it.
Also, DX10(.1) doesn't make games slower, Vista is doing that. DX10 actually has some pretty nice features to render more efficient, like Instancing 2.0. (could be useful in Diablo3 because of the many monsters on screen) So DX10 is not only for rendering 'better' graphics, but also faster. More info on Direct3D 10 here: http://en.wikipedia.org/wiki/Direct3D#Direct3D_10
So are they going to use it? Who knows, it's a nice plus for Vista users, but I rather have them spend more time on the visual effects and content
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Also, DX10(.1) doesn't make games slower, Vista is doing that. DX10 actually has some pretty nice features to render more efficient, like Instancing 2.0. (could be useful in Diablo3 because of the many monsters on screen) So DX10 is not only for rendering 'better' graphics, but also faster. More info on Direct3D 10 here: http://en.wikipedia.org/wiki/Direct3D#Direct3D_10
So are they going to use it? Who knows, it's a nice plus for Vista users, but I rather have them spend more time on the visual effects and content