So you're saying that the spec from google does not state that menu buttons are verboten?
It states that all hardware buttons are verboten. Menu included, but not the only one. Like in a nexus device.
Let me say it like this...
HTC could have made a phone with all of It's buttons done on screen like a nexus.
They didn't.
They could have done all hardware buttons like in the past.
They didn't.
What HTC did do is go from a 3 hardware button layout to a two button layout, with the menu button done by software and on screen.
In other words, they did their own thing that nobody else does...thus having this unique issue (black box) that no other phone has besides a nexus.
sent with my 2 year old HTC evo3d