The long and the short of it is FD have an obligation to retain the pre-3.3 exploration experience in some shape or form and to not do so would be essentially breeching the consumer rights of those that have invested in the exploration since release. FD may own the IP of their product but they are bound by consumer trading laws and essentially were ill-advised to change things as they have done.
No.
EDIT: If they should be bound by anything such-like, it should be the design discussions we had early on.