To put this situation in better perspective: If Intel made bioses in addition to their current products, and they released a bios update for their motherboards (with Intel bios and Intel parts). Here, he's mad because he has an Asus motherboard with an Intel bios, and since Asus isn't releasing this bios update, he won't benefit.
The fact of the matter is (for me at least) that I paid for the 7970 as it was on paper when I bought it. Of course I'd be mad if performance on it was artificially lowered, then members of the press were given a new BIOS to restore it to normal but that doesn't seem to be what's happening here at all.
If a mobile phone uses 'stock' Android (e.g. the Nexus One or Galaxy Nexus), then it's pretty trivial to get an upgrade to the latest release. If you buy a heavily-customized Motorola phone, however, you may never see that upgrade because of the 'tweaks' that Motorola made, which they might not care to port forwards.