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...