Wow, not even sure where to start here, but...
1) This is not a forum to report bugs to Microsoft.
2) You can't copyright a bug
3) You don't seem to understand the difference between an application window and a dialog box.
4) Applications can render their own title bars, and many game applications do just that. It probably is doing custom rendering and simulating a Windows 7 UI, but of course when it runs on Windows 8, the app doesn't know anything about Windows 8 rendering, so it keeps rendering like Windows 7. Unfortunately, not an easy way to know if this is the case or not. More than likely, it's a bug in the game.
5) You should really report this to Test Drive Unlimited's bug support team.
6) Next time, you might want to provide some greater description, instead of just posting pictures without any commentary.
7) Even if it is a bug in the OS.. So what? This is something almost nobody would even notice, and it doesn't affect functionality. There's lots of apps that still look like Windows 3.1 for all it matters.