Bad news for anybody hoping to get HTC's latest Sense UI on their existing G1 or Magic. As we suggested might be the case yesterday, HTC have confirmed that due to the licensing terms of providing "with Google" branded smartphones they're not allowed to offer Sense UI as an upgrade.
The confirmation most directly affects those who bought their Android device through a carrier, such as the T-Mobile G1 or the Vodafone Magic. According to HTC's representative, the company is trying to develop a way to get the new UI to those with non-Google branded handsets, such as Rogers Wireless' HTC Magic in Canada; however nothing is guaranteed and logistical or financial limitations may end up preventing it.
It unfortunately means that buyers of the T-Mobile myTouch 3G, the US version of the HTC Magic announced earlier this month, won't get Sense as it's a "with Google" branded device. You can be sure that hacked ROMs of the HTC UI will be circulating very soon, though.