At this point just about the only people still playing CMBB and/or CMAK are those who are dedicated and usually very long term members of the CM community. We are the guys who promoted the games to friends, bought extra copies of the games, designed scenarios, planned and played in tournaments, made or preserved mods, etc. In other words we are the guys who promoted the games longevity and sales for BF.
Further, these patches are a big help to BF in selling the games to VISTA adopters. So it's in their own interest to have them and not just a "gift" to customers.
The least BF should have done is to release these patches for free, if for no other reason as a "thank you" to the CM x 1 community that helped them in so many ways and for so many years. Not to mention, it would have been an excellent PR opportunity (if you believe BF's release plans) just months ahead of the release of CMN.
P.S.--I have no direct interest in this issue, as I do not and have never had a VISTA operating system and never plan to get one.