I spoke to a Microsoft rep and received a refund their policy also states that if a game is unplayable and no longer supported you are entitled to a refund.
Seeing as TFP had the rights to the console edition now and has left it for sale still on the store and is a unplayable game it does fall to being their fault as they could have pulled it off the shelf till they were ready to support it again.
Not once did I accuse TFP of anything I only reported what I was able to do and stated that with out support (which they have stated is not going to happen with this version) consumers on Xbox are entitled to a refund of a non playable game