Please excuse my attempt at reason here...
I think there are some convincing arguments on both sides of this issue. I am not sure how and when nVidia will respond. I feel confident that they will have a plausible explanation for this issue.
That being said, I think the only way for nVidia and others to get past this issue is for nVidia to release a new set of WHQL Detonators that do NOT exhibit this behavior. No matter which side of the fence you happen to reside, this is the only way to get beyond this issue. Once this is done, then the benchmark comparisons can be more meaningful and legitimate.
I am not condoning what nVidia is being accused of. However, I am one who chooses not to condemn anyone or any company without irrefutable proof. I would tend to think that whoever is responsible for this issue occurring quite likely will NOT not be in a position to do so in the future. nVidia needs good PR right now and this issue is certainly not what they had in mind when launching the 5900 Ultra.