Here is one report from Futuremark themselves (makers of 3DMark): http://www.futuremark.com/pressroom/companypdfs/3dmark03_aud...
More recent PhysX cheating: http://www.theinquirer.net/inquirer/news/1048824/nvidia-chea...
They also point out that preventing NVIDIA drivers from detecting 3DMark results in the scene being rendered correctly.
If these claims are true NVIDIA can't shift the blame to some incompetent programmer.
- They both widely "cheat" on games. If Game A asks for X, the driver returns Y. Usually this improves the user experience, but sometimes it is done more for benchmarkship.
- They both heavily optimize for benchmarks.
- In one case, AMD crossed the lean and their optimization did not return identical results as non-optimized.
Whether or not AMD did this deliberately is up for debate. If you've ever had to optimize something, you know how easy it is to screw up and return stale cache results or screw up in some other way.
Yes, AMD deserved to get slapped for their mistake, but I don't think one incidence is evidence of a culture any worse than NVidia's.