haha, it would indeed be a better fight.. :) - at least bad marketing wouldn't be a factor.... :)
but you can't really argue with quantative data.. (unless your really, really good) It's more of a slap in the face that makes you go ooooh! you're right!
Hmm.. weird. I have Vice City (9500 Pro card) and it works just fine for me. Have you tried reinstalling the game?
Also, as for drivers, I would recommend omega drivers. I currently use DNA drivers, but I had fewer problems with the omega drivers.