Two weeks ago, Futuremark accused Nvidia of programming its drivers for the GeForce FX 5900 to cheat in the 3DMark 03 benchmark test, and in response it released a patch for the test to circumvent these driver features. The company has since talked to Nvidia in more depth and has changed its mind on the issue. Futuremark today released a joint statement with Nvidia, which said that "Futuremark now has a deeper understanding of the situation and Nvidia's optimization strategy. In the light of this, Futuremark now states that Nvidia's driver design is an application-specific optimization and not a cheat
So how is an application-specific optimazation NOT a cheat? I mean...happy flag would be considered an application specific optimization wouldn't it?