There is LTS branch of Windows that gets updated regularly and doesn't have to update to a newer release build.
Those users (mostly enterprise users/devs) will get the ERROR_INVALID_PARAMETER, I've tested that.
> When you call an API with a parameter that is invalid, you are risking
> an exception, depending on the API and the build (debug or not). This
> has various unpleasant consequences; in the worst case, the Emacs
> process could be terminated. As documented, the problem is limited to
> CRT functions, but our general policy is to avoid that even when using
> the Win32 APIs. And version check is a simple enough way of avoiding
> that, so I see no reason not to do it here.
Okay, that makes sense. Although I think that's the problem of CRT APIs only, as API should never throw exceptions, which is a foreign concept to ABI and requires an exact library match to handle correctly
The new patch is attached.