You could say they don't have to publish the results... Although it only differs the problem. If I build my SAAS on top of a cloud service that runs on Intel, and my customer complains about perf results of my software before and after, and makes the result available somehow (knowing that it's on updated microcode or not), who is responsible ? The cloud provider, myself, or my customer ?

Etc etc. This is a legal mess and a strong attack on freedom.