I think this quote should explain everything:
This latest patch from Futuremark is yet another revision of 3DMark03 specifically designed to defeat our Unified Compilier Technology, which evaluates shaders and in some cases substitutes hand tuned shaders, but increasingly simply applies the run-time compiler to generate optimal code. With the 52.16 drivers and the new patch, our perf drops 15%.
Clearly our compiler has gotten much better, as image quality remains exactly the same, the only thing that happens is a 10-15% drop in performance.
Notice they used "yet another revision...designed to defeat our Unified Compiler Technology"! The only way for them to be doing this again is for nVidia to just rename all their previous "optimizations" (cheats) to a "Unified Compiler". I think this is official confirmation that is what they are doing.
"Substitute hand tuned shaders"? That is exactly what they were doing in the past. People were lead to believe this new "compiler" just re-odered shader instructions to make them much more efficient, not simply detecting shaders and replacing them with new shaders designed to simply achieve a higher score. NVidia should be ashamed of themselves for purposely misleading the public (again). They are smart enough to know that "Unified Compiler Technology" sounds much better than "cheater".