For the record, even Legacy servers are put into the DF pool with Non-Legacy servers. I have come across multiple characters that have level 50 in every class (including DoL/H) for the last week or two, which no matter how hardcore you are, isn't possible on a Non-Legacy server. Again though, the split may be different in the JP pool, but I don't think they'd have singled out Legacy and Non-Legacy servers on the NA/EU side of things.

As I mentioned in my original post, I think it might be an attitude towards the content. I've seen way too many posts on here complaining about people not taking them because they aren't even in 50% Darklight gear, and then 99% of the players I've seen in my DF HM Titan groups have either had full Darklight gear, or short 1 or 2 pieces.