I had the same question and found this link ... http://gothic3.aspyr.com/default/news/16 odd wording
it looks to be saying that the NA version includes 1.09 out of the box and also, even applying the patch to the NA version will not cause any adverse effects.
Just recently purchased the NA version of the game myself, patched it with 1.09 before reading up on this and have yet to experience any save game issues.
No issues or messages when patching the NA version (it does say 1.9.25824 now) but I didn't check the version before applying 1.09
Last edited by phaedrus; 16.12.2006 at 00:01.
Reason: grammar