My concern, as I have posted on another thread about this same subject, is the fact that so many tranny's are having this problem, but there are also a lot that are not. Therefore, this means there is some sort of failure rate. X have the problem, Y dont , therefore X/(X+Y) and you get the failure rate (which in this case is very high). So, what does everyone who says "they're suposed to do this" or "this must be your first subaru" have to say to this.
Obviously for some people this is not a problem, and obviously there is not logical reason for subaru to design the transmission to not go into first at these speeds. Also, there is not lockout device. So, because there is in fact a failure rate (read: people with and without the problem) , and no logical reason for this to be happening, that constitutes a problem.