Microsoft's main source of control over OEMs is the logo program. All laptops that want to get the "Designed for Windows" sticker (logo) have to pass a minimum bar set by Microsoft, which includes things like "must boot within X seconds" or "must sleep within Y seconds", "must output the correct audio frequencies", etc. My guess is none of the logo tests invoke the accelerometer which is why this got missed.
The logo program is great in theory, but in practice it doesn't work too well since consumers don't care about the sticker. Therefore, if Microsoft makes the requirements too high, OEMs will simply stop trying and just sell their laptops without a sticker.
B the way, I remember reading somewhere that Dell at a time compared the benefits of being in such a program with the cost of applying such a sticker, and found it wasn't worthwhile to take part in that sticker program. Anybody know whether that is true?
Hardware vendors are generally expected supply their own drivers for all but the most common built-in devices. This can include user-mode applications. The driver certification process has greatly improved the quality of 3rd party kernel drivers. In my experience BSODs are really rare these days.
But obviously there can still be quality-of-implementation issues. This sounds like a question of "is this really a good use of RAM from the users' cost/benefit perspective?"
Disclosure: I'm new at Microsoft but my role has basically nothing to do with this stuff. Just my personal opinion as a long time developer and industry-watcher.
Now, on to more interesting topics. Why should I, as a consumer, care about that? I see "Windows 8" in a commercial, it looks like there's a "Microsoft", but then I do my diligence, and I find out about weird rubbish as described in the article. It makes all the different, patchwork quilt of Microsoft's look really bad, even if "Spacer" did it. It looks to me, a consumer, as if there's a (possibly inadvertent) effort to shaft people. Maybe all those rumors about Windows slowing down when a new version is released are true. After all, a shaken tablet uses up memory, apparently without bound, which will cause problems eventually.
Why are you asking for some or all of the Microsofts to be given a break? That's really anti-free market.