Android has governor steps in the kernel depending on load and how aggressive the maker wants to set the phone up.
If a benchmark app is supposed to bench a phone you want max out clocks to keep it repeatable and not the soc running different cores at different clock speeds and in idle states.
But the phones don't run that way any other time, so what you get is a false sense of performance.
So if apple sets an aggressive governor and maxes CPU speeds with light use and some android benchmarks are not telling the kernel to run max clocks its cheating?
What many Android manufacturers have done is to only adjust the SoC's clock speeds when certain benchmark apps are running. Apple and Motorola do not do that. As no one has reported inconsistent benchmark results for the phones from those manufacturers, it wouldn't appear as though they're treating them any different from any other application.
You can change performance governors in the kernel anyways so if I go and turn max performance on my gs4 is that cheating when I go for record bench runs?
If you want to manually change the way your phone's SoC operates that's your own business. However, you wouldn't try to claim that the performance that you get is the same as a stock phone.
Think of it this way, imagine that you go to a car dealership and are looking at cars. You see one that people have said has 350 HP. You take the care out on their test track and test drive the car, like it and decide to purchase it.
However when you get it home, you notice that you're not getting the advertised level of power. When you ask the dealer about it, he calmly explains that the only time you actually get that much power from the car is only if you're test-driving it (because otherwise the fuel efficiency would be terrible), but now that you've bought it, it won't operate in that mode unless you're on their test track.
If you're savvy enough, you can go online and find a hack that someone else made that will allow you to program the ECU to always run at 350 HP, but then you're getting fewer than the advertised MPG.
I'd be interested in seeing someone try to trick the phone to running in its benchmark mode for the battery life tests to see how much of a difference it makes. If they want to rig the phone to report false performance figures, then they have to accept what it will do to the battery life.