ok got officcial reply from darryl still publishing director of 1c here is a paste of his first email
Darren.
1C is not the publisher of il2 Sturmovik : Birds of Prey. 505 Games is the
publisher and have the relationship with Microsoft and Sony on this title.
You need to contact them to find out when they are releasing the patch
through the hardware firms networks.
I will also ask them, so we have an official reply to post on our forums.
Thanks for bringing this to our attention.
and here is his second reply
Darren,
The games publisher, 505 Games, have informed me the patch is undergoing QA.
As it mainly appears to relate to connectivity issues with the Playstation
Network, this QA will have to be strenuously applied and approved before
Sony will allow release.
I am sure they will resolve this as soon as possible.
so it seems that sony are the ones at fault here so if its a sony only prob that mean us on xbox can expect to see a patch soon ??
at least he had the decency to reply but not only that he emailed 505 and asked what the hold up was on our behalf top guy
im going to email him back to say thanks