If we tech journalists were actually seriously concerned that Intel would be dumb enough to try to enforce those provisions against us, then we'd just ask the motherboard vendors for updated pre-release firmware that incorporates the new microcode but doesn't come with Intel's license agreement attached. We often go that route anyways because it's easier to update the motherboard than to ensure that every OS you're testing against (especially Windows) has loaded the newer microcode.

Also if you get the update via windows update you get the patch without having ever agreed to the no-benchmarking clause, so you're free to publish anyway.

Windows Updates used to pop up an EULA to be agreed upon before installing certain anti-malware related software, not sure if that's the case anymore with Windows 10 auto-install-and-reboot procedure. I wonder if Intel could/would try to have Microsoft insert another click-to-agree EULA for this upcoming patch?

I got the Win10 update yesterday and didn't have to accept any sort of license first.

It's easier, you can post bar graphs where Intel processors are listed as "presumably very bad". Just to remind the public that they should expect the worst because Intel has something to hide.

Most (all?) gaming websites also recommend the minimum/best system for each game. With AMD recent bumps in performance and after this bully move, Intel is in serious risk of disappearing from the list of endorsed solutions.

And even if they did think it through. It should be aggressively ignored.

... or just the reverse: clearly omitted in all benchmarks, stating you buy at your own risk because of Intel's unwillingness to subject its products to examination.

[Sure it's not going to fly given Intel's market position, but it's a tempting thought anyway...]

Right, technically speaking, a review site now only has the choice of either ignoring Intels terms or no longer consider Intel processors in their benchmarking at all. As a reviewer , I would not benchmark unpatched products on a general basis.