You're right, there's a stupid check against parameters on the version that doesn't support the new flag.
Since from Windows 10, the Windows version checking is not recommended (and not accurate) anymore, I think we can just retry if the function is called with invalid parameters.
That will probably slow down the down-level Windows versions, but the difference should not be too much.

On Thu, Aug 25, 2022 at 1:00 AM Eli Zaretskii <eliz@gnu.org> wrote:
> From: Kiên Nguyễn Quang
>  <kien.n.quang@gmail.com>
> Date: Thu, 25 Aug 2022 00:33:58 +0900
>
> The CreateSymbolicLink Win32API has a flag that allows creating sym-links without admin privileges
> SYMBOLIC_LINK_FLAG_ALLOW_UNPRIVILEGED_CREATE.
> This patch added that support for w32 Emacs.

Thanks, but we cannot use that flag unconditionally, because it is not
supported on all Windows versions.  The addition of the flags should
be conditioned on the version of Windows on which Emacs runs.