... 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.