Unfortunately, gonk there ARE HDMI 1.3 chipsets floating around that no amount of code can add features to. There is a fairly strong rumor going around about the PS3, for instance, that they used an early HDMI 1.3 transmitter chip that cannot do advanced format bitstream output... that's why Sony hasn't added the feature and some insiders are pushing for internal DTS Master Audio decoding instead.

If true that sucks because I have a PS3 and wanted to hear DTS MA lossless (all Fox/MGM titles) via one of the current and upcoming products that would handle it.

There may be other HDMI products in the same boat as the PS3. They say they have such and such a version, but the chipset used doesn't even HAVE the capability on board where you couldn't just turn it on with firmware.