You are right that MSFT has the "update". The bigger problem with Windows 8 computers is that similar things are in practice available to all the "third parties" who have hardware or kernel-driver components. And you have less control than before about them all. It's a broader problem than just Microsoft.
The new "you as the user can't control the kernel stuff, even with the debugger" concept is really about the user (you) giving up the control. The excuse is that you as the user aren't supposed to be able to copy movies. In practice, you have no more control of your own computer whereas the companies have real-time control even of the content by directly controlling your computer. Some routers already did such stuff. It is really worrying -- having the part of the "great firewall of China/whateverothercountry" on your own computer which you paid with your own money.