It's also crazy to my mind. The reality is these various issues are all having potentially significant impacts on performance -- and it's not just the microcode related changes, but also the kernel changes, etc. It is kind of ridiculous to require everyone to do their own testing and not allow basic numbers to be published.

I also find it fascinating in that in theory your BIOS update can include these changes.. does this anti benchmark license apply if you reflash a new BIOS or just buy a new motherboard with the new bios and then use the same type of CPU to compare?

Makes me want to look at some BIOS and motherboard EULAs now...

They also basically sold a defective part, and to fix it you have to agree to something additional post-sale. That is pretty damn questionable.

Given that the dissenting justice for "TransAm Trucking v. Administrative Review Board" is now on the supreme court, I'm thinking contracts will indeed supersede protections (unless every possible permutation is explicitly enumerated in legislation as if forever battling the "literal genie").

I mean, they can probably say whatever they want, but this is not a legal thing - all they can do is refuse to sell you more hardware for violating their contract.