Windows 7 Aero Shake vs. Topmost Windows bugs still presents in 8

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I can't believe it, such serious bugs in Windows 7 still live in Windows 8 !
the Aero Shake feature has serious problems with windows has TOPMOST style.
Scenario A, non-topmost window can become topmost:
1, open a normal non-topmost window (W1), say, notepad, and maximize it
2, open a topmost window (W2), say, Windows Media Player playing video.
3, shake W2, W1 is minimized.
4, shake W2 again, W1 is back.
5, now, W1 becomes a topmost window !
this problem is similiar to this post: http://www.sevenforums.com/general-discussion/162026-aero-shake-problem-windows-sticking-top.html
Scenario B, topmost window can become non-topmost
1, open a topmost window (W1), say, Windows Media Player playing video.
2, open a normal non-topmost window (W2), say, notepad.
3, shake W2, W1 is minimized.
4, shake W2 again, W1 is back.
5, now, W1 becomes a non-topmost window !
this problem is similiar to this post: http://social.msdn.microsoft.com/Forums/el-GR/windowsuidevelopment/thread/44eb4ce3-7190-4617-bcd7-cc7782b8de41
So, what about this Microsoft ??



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