I didn't give up, and went looking for answers.
These quotes from the Guru3D site should clarify things;
The removal of the audio hardware abstraction layer from Windows Vista will compromise audio in legacy game titles that use EAX or DirectSound3D (DS3D), usually resulting in stereo output without any effects. Creative ALchemy is a simple download which will detect the presence of a number of top PC games and convert their DS3D and EAX calls into OpenAL calls, allowing users to continue enjoying their legacy titles the way they were meant to be enjoyed - in full, multi-channel sound with hardware effects. This download is an application for Creative Sound Blaster® X-Fi series of audio devices. It restores 3D audio and EAX® effects for certain DirectSound®3D games in Microsoft® Windows Vista.
So anyone having issues with the OpenAL in Windows Vista and newer, may find that because idiots also make important decisions, they have dropped the legacy EAX/EFX support in some drivers.Realtek 3D SoundBack restores audio effects, including surround sound, reverberation, and spatial effects, for legacy game titles when running on Windows Vista. This software is basically Realtek's version of Alchemy, it'll enable the use of EAX1/2 (we guess A3D, assuming the realtek chips support the decoding) in Vista for games that should support EAX1/2.
You may have to use "ALchemy" for Creative
http://www.guru3d.com/files_tags/alchemy.html
or "3D Sound Back" for Realtek (in Win7 and above, run as Vista SP1)
http://www.guru3d.com/files_details/realtek_3d_soundback_beta_1.html
To be honest though I find the SwFmod renderer is a better option on my Win7 box.
I had a quick look for any signs of other companies with the same issue, but didn't see anything.
This may be the answer if your log file shows OpenAL is not working properly, or the Creative labs tool "OpenAL Caps Viewer" cannot see any EAX hardware,
Get it here http://wayback.archive.org/web/20130729040534/http://connect.creativelabs.com/openal/default.aspx
Creative Labs statement about Windows Vista support
http://wayback.archive.org/web/20130606032320/http://connect.creativelabs.com/openal/OpenAL%20Wiki/OpenAL®%20and%20Windows%20Vista.aspx