They basically have.  Treating Bitcoin like a commodity doesn't change the status of it from our perspective very much at all, except that in Japan you might be subject to annoying and arguably excessive regulations on exchanges.  The US has been surprising lenient towards Bitcoin users, and regardless of whether judges give legitimacy to it by treating it like a currency, we can still use it properly.  Not treating it like money might even benefit us since we don't have to mess around with taxes (except maybe VAT, we'll see how this plays out).