Annoying 3 dots on HTC One X (Sense 4.0)

Ok so i got to use a HTC One X, and although everything about the phone is absolutely stunning, there is a problem i cant shake off and it's all due to the lack of on-screen keys.

440x330-htc-one-x-4_medium


GNexus users will get me, all over ICS you get 3 dots (vertical) that replaces the menu key, and i must say, this is a bad rip off of WP where the 3 dots are actually placed horizontally at the bottom right corner, anyways, those three dots basically occupy the same amount of screen as the virtual keys do on Gnexus which is just annoying, specially in games, it just looks badly designed.

You can actually see the problem in this video:

personally i think they should copy WP a bit more and using the back key to pop to the menu in games at least!

To be honest, i dont think its that big a deal for most people but its a pity since Google have for once decided to care about the UI designed in android and have released a guideline but OEMs seem to ignore it yet again

let's hear what you think