ThisThe exact quote from Sony from the leaked Neo documents is:
That is not a mandate. Nowhere does it say "We'll be scouring each patch you release to make sure it meets these guidelines." It just says that they need to work to maintain parity. If these games don't get patched in the next few weeks, then you may have a case. Chances are developers rushed these patches out for this first round of games and are now working to tweak them.
The games that perform worse on the Pro don't have consistent issues either, just highly taxing areas, not standard moment to moment gameplay. If any checks are occurring, they're just testing moment to moment stuff.
I'm going to wait a couple weeks before I start getting upset. As long as it's confined to a handful of launch titles and the devs can address the issues, I'll be happy. I always expected some bumps in the road since this is the first iterative console launch we've had.