It's unclear to me if there are multiple problems, or a single one, (and just what that problem is) with servers incorrectly negotiating down from a client offering 1.1 or 1.2 to something they support like SSL 3 or TLS 1.0.
Eric Lawrence has said that some version outright chokes on TLS 1.1 and 1.2. Adam Langley points it out again:
Due to a different, common bug in SSL 3.0 implementations (nearly 12 years after SSL 3.0 was obsoleted by TLS 1.0), browsers still have to perform SSL 3.0 downgrades to support buggy servers. So even with a TLS 1.1 capable browser and server, an attacker can trigger a downgrade to SSL 3.0 and bypass the protections of TLS 1.1.
And there are significant notes in the TLS 1.2 RFC also.
Note: some server implementations are known to implement version negotiation incorrectly. For example, there are buggy TLS 1.0 servers that simply close the connection when the client offers a version newer than TLS 1.0. Also, it is known that some servers will refuse the connection if any TLS extensions are included in ClientHello. Interoperability with such buggy servers is a complex topic beyond the scope of this document, and may require multiple connection attempts by the client.
And finally, Eric Rescorla who's somewhat 'up' on TLS adds:
First let's dispose of the TLS 1.1 angle. As has been apparent from the beginning, the ultimate fix is to upgrade everyone to TLS 1.1. Unfortunately, the upgrade cycle is really long, especially as many of the popular stacks don't have TLS 1.1 support at all. To make matters worse, due to a number of unfortunate implementation decisions which I'll hopefully get time to write about later, it's likely to be possible for an attacker to force two TLS 1.1 implementations to speak TLS 1.0, making them vulnerable. So, upgrading to TLS 1.1 is basically a non-starter.
Are all these notes about the same problem? Is that problem as straightforward as a server choking on a 1.1 or 1.2 offering ( { 3, 2} or { 3, 3} ), or is there more to it? Is there any documentation or notes about just what servers choke on TLS 1.1?