100% CPU with Aero turned off

Hi, I have this problem on my Win 7 computer (remember 5% of the global install base is still on Win 7) where if I disable Aero (which I have to othervise OBS won’t stream at acceptable framerates) when I start my OpenGL game nvoglv32.dll is calling D3DKMTESCAPE in gdi.dll at 100% CPU until I increase load, then this separate thread stops wasting CPU for nothing.

Is this even legal, to burn other peoples CPU high like that for nothing?