Sorry, EOI, but you are not understanding what people are telling you. I have a 9600 Pro. I get the same problem with fog. Is it really that big of a deal? It's frickin' fog! It's not like the whole game is corrupted. It is most likely a driver problem, but more likely, a conflict between the coding and the driver.
ATI's drivers are ATI's drivers are ATI's drivers. 3rd party manufacturers may use different components on their boards (memory, capacitors, resistors), but the VC itself is still the same, and ANY approved Catalyst driver will work with it. I (as well as most enthusiasts) personally prefer Omega's drivers. ATI openly endorses the Omega teams efforts, and admits that they will provide better picture quality while maintaining performance.
The real question is: are you having any problems in 3D-intensive games. I'm sure with AA and AF cranked up, all settings on and 1280x1024 (if your monitor supports it), your card still kicks ass, so what's the big deal about some cheesy little cut scenes (not bashing ES by any means...this is prob my fav game right now...but they ARE NOT all that graphically intense). I would be more worried about picture quality and FPS in games like Halo UT3, or whatever else you may be playing currently that IS graphically intense.