Couple of things to do:
a) Please run "modetest | paste" on the 9400GT box (either image is fine, the output will be the same) and share the URL so we can see what DRM properties are advertised.
b) Save the current Legacy image file(s) in a folder called "depth-size-patch" so we know they contain that change. Now update to the latest Legacy image in my test share (which does not contain the patch). If the image works fine, the patch is irrelevant. If the image does not work, we know it's important. Let me know which is true?
There are probably Xorg properties that can be configured to reduce CPU load. This is all code archaeology for me though, and I'll need to do some reading. The goal is still to have the GBM image work though.