http://bugs.winehq.org/show_bug.cgi?id=18824
--- Comment #20 from Stefan Dösinger stefandoesinger@gmx.at 2009-06-08 12:48:42 --- Make the ERR a WARN, write a small test in dlls/d3d9/tests/, and you're good to go to send it to wine-patches. There is as far as I can see no test file for buffer tests, so its probably a good idea to start a new one. Just copypaste the device creation code from e.g. vertexdeclaration.c
If you're extra ambitious you can port the test to ddraw, d3d8 and d3d10core to see if the behavior is the same. I guess ddraw might need an adjustment for the return value(e.g. WINED3DERR_INVALIDCALL -> D3DERR_INVALIDPARAMS).