Look at this quote from Anandtech mentioning the Nvidia "cheat":
"This is not to say the 5900 cards are perfect, either. Although the 5900 (NV35) chipset is not completely finalize, a slew of reviews have accused the video card giant of purposely inflating benchmarks by hard coding some acceleration into the chipset that inaccurately takes advantage of weaknesses in benchmark suites. While the evidence looks compelling, we cannot speculate this early on what is going on. We will most likely see a different “final” product and driver set that does not contain the same problems."
Sounds like they are withholding judgement for more concrete evidence. Very prudent if you ask me.
I thought that Futuremark's outright statement that Nvidia was cheating was irresponsible and they should hope they do not see some kind of legal action.