Here is my take on this situation.
Futuremark blackmailed Nvidia and now that Nvidia has paid the ransom, Futuremark is now backing down. ATI escaped being blackmailed by actually owning up, but once Nvidia denied it Futuremark basically said "CHA CHING!".
Edit: Dammit, I can't spell
Originally posted by GlowStick
Oh my, let me recap of games that use optimized pahts.
quake, half life, quake ii, quake iii, doom iii
again, every deravative of them. not sure about the unreal engine's but i am very sure they use optmized pahts.
AFAIK Quake III uses the standard opengl api.