Requoting myself because not enough ppl pay attention to me ;]
If you look in one of the Max2D mod dirs, you'll see a dx9 driver lieing alongside the currently default dx7 driver. I don't think it works yet, but I'm guessing you can be pretty sure it will be finished by the time Max3D is out.
Oh for snail's sake, people! Mark has always said Max3D will be next gen... where's the surprise in this?!? Hell, the early tech demo only worked on GeForce 5600+ or something... this is only one small step up. And I also havn't seen Mark say -anywhere- about SM3... only Flamey... last I checked my 6600 doesn't do SM3 anyway and that's part of Mark's listed requirements... so go figure.
If Max3D comes with a DX9 driver will it come with it's own 2D engine using DX9 capabilities?
If you look in one of the Max2D mod dirs, you'll see a dx9 driver lieing alongside the currently default dx7 driver. I don't think it works yet, but I'm guessing you can be pretty sure it will be finished by the time Max3D is out.