Well if they were touring as The Who then they might as well have released that album as The Who, it sounds as much like them as anything from 2006 was going to.
I think in the 90's they tried to tour using their three names, but people wanted to book them as The Who, so they pretty much had to go along with it if they wanted to tour.
Both Tony Iommi and Dave Mustaine had a similar issue, when they wanted to release solo albums and were told that they had to use their old band's name if they wanted the record deal.
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