Fake Pro 3 (Legacy) VS Actual Pro 3

I use the gemini web page and am paid pro user. I noticed since yesterday that even if I set all my prompts to use Pro 3 in the "choose your model" selection, some responses use actual Pro 3 while others just say "Legcay" with no further info. You can check the actual model used by clicking on the 3 dots at the end of a response. Responses made by "Model: Legacy" are significantly worse at keeping track of progress. Also I can find no information about what model Legacy even is. Is it actually 2.5 pro? Maybe this is why some people report really amazing results and other say it didnt change much or got worse?
Anyway, it seems pretty odd that you can select 3 Pro as your model but get responses that are not actually Pro 3. It doesnt even seem to be a limit issue, like sometimes I get legacy responses, sometimes it is actual pro 3, it seems kinda random.
Anyone noticed this too?

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