Unfortunately they do not care about people that did this before the patch. It was one of the questions asked by Ele and the response was it will treat it as if you had nothing in your hand if you are not lv 46.
As Mudcrush deleveled on live, he was still able to wield his epic at level 10. He was not able to CLICK the epic, but wearing it was never a problem. Anyone that had the item could wield it. That is classic.
They know it is classic, they do not care.
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