Just because nVidia got busted with a flat-out cheat it does NOT invalidate 3dm2k3 as a benchmark, it invalidates nVidia as a trusted manufacturer.
According to that logic, ATI should not have been a trusted manufacturer ever since the quake/quack fiasco. As for 3dmark03 as a benchmark, I think there has already been enough talk about the shortcomings
of this program as an "accurate" real-world benchmark tool. Also, we are back at the issue of "optimization" vs. "cheat".
I don't know how many times this has to be repeated, but here we go again: It is certainly no secret that both NVIDIA and ATI optimize for this benchmark. Users of FX cards now get smoother and faster performance and better image quality in 3dmark03 in what we can see.