is there any chance you could speed up the release on max3d by focusing on opengl first and then dx9/10 later.
Nope. It was already announced that they were focusing entirely on OpenGL for now with no DX9 or DX10 support until later, and I think Mark suggested that someone from the community might do the DX driver? Don't take my word for it, I'm sure it's in Mark's worklog somewhere.