Diablo manufactures their programmers and boxes them up months before they hit shelves, so they will rarely ever have the most up to date tunes. It's just the way they do their business, and while I agree that anything out of the box should be ready to go, I can understand the need to update to ensure the most up-to-date CROM.
I run my Trinity on windows 8 with no issues. Is it just the driver download you're having issues downloading? And have you look over the Diablosport Forums to see if they can help you out? http://www.diablosport.com/forum/