> when booted in legacy (BIOS) mode there is no way to detect if machine
is in fact UEFI capable.

I know that, but I am giving you:
- a way to detect a case where there are very high chances that the install is 
UEFI.
- a way to warn the user (and still giving him choice in case the boot is in 
fact Legacy) thus avoid many failed Ubuntu installs.

> Please don't fork bugs without context.

This bug is not duplicate of "Ubuntu i386 images are not compatible with
32-bit UEFI computers. ", because it affects 64-bit computers.

> Also note that for 13.10 release we are planning to promote 64-bit
images by default.

Hopefully !  that decreases chances to see this bug, but that does not
fix it.

** This bug is no longer a duplicate of bug 1025555
   Ubuntu i386 images are not compatible with 32-bit UEFI computers

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https://bugs.launchpad.net/bugs/1228737

Title:
  Ubiquity does not recommend to use 64-bit disk when ESP exists

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