THEO PUBLISHED SOME SM3 tests the other day to check out an ATI claim about NVidia's compliance or lack thereof on current cards. You can read the original article here. NVidia was obviously a little peeved by this, and issued the following response:
The current debate over WHQL waivers and SM3 compliance forces us to take a public stance regarding these issues.
Microsoft is the ultimate judge of pass/fail for a particular hardware/software combination.
NVIDIA hardware passes WHQL as judged by Microsoft, and fully supports all the features of SM3. Other hardware also passes WHQL for SM3, while not necessarily fully supporting all of the SM3 features.
When a vendor fails to implement a required feature (such as Vertex Texture),
typically Microsoft would either fail to certify the hardware/driver, or issue a waiver for the lack of the feature. We would not expect tests to be changed or the interpretation of the DirectX specification to be changed.
A failure in a WHQL DCT test is by itself not an indication of hardware or driver flaws. There can be several causes for this, including test errors, and hardware mismatches with refrast (the Microsoft software reference rasterizer).
A mismatch with refrast can be due to the hardware producing superior, inferior, or simply different images than refrast.
WHQL failures and errata by themselves are a
poor and inaccurate indication of Windows and DirectX compliance. Microsoft is the sole arbiter of WHQL passage, and further questions on this topic should be directed to Dean Lester.
We agree with this argument. Pass/Fail on these tests have one judge, Microsoft. It made the spec, it made the tests, and it grades you.
The rules may be a bit obtuse, and I can almost guarantee that no one outside of the industry fully understands the problems involved, but there is indeed a process. Nvidia passed and got the driver equivalent of a gold star an a pat on the head.
The graphics industry is one of those segments that makes the
Intel/AMD shenanigans look like a bunch of nine year old girls in Sunday dresses having a tea party 
. The backstabbing and FUD in insane, and bless them, we love them for it. This is just another example of the breed, there will undoubtedly be more to follow, and we will dutifully write them up.
Press releases, clandestine powerpoints, and late night phone calls are all part of this world. They are soon followed by counter press releases, counter clandestine powerpoints and counter late night phone calls.
This is all in the name of PR, and until Microsoft says NVDA did not pass, it ends at PR. Damn interesting though. µ