I guess i should have posted this fix as well...sorry for those who may have had issues an bashed their heads thru their monitors trying to get the background D/l to work.
I personally did
Repair tool, check files only
Started Wow once it was finished
Launcher D/led ( i assume) new background downloader
Once Launcher restarts
Go to the WoW directory and find the background D/ler
Right click it an go to the Compatibilty tab
Select Win98 compatibility mode
Click Apply
Should be Good to go with a little luck.
On Blizz forums this worked for most ppl
BTW thanks for the extra info on their patch plans.