It doesn't matter if the TDP is specified as a cooling requirement, although I do want to stress that - a requirement, not a guideline. It's not supposed to be some fuzzy metric that you can ignore entirely. If all other criteria are met (ambient temperature, junction temperature, etc) the CPU is not supposed to expose more than this amount of heat to the HSF while running a realistic workload.
Its true. If it weren't true then CPU manufacturers like AMD and Intel would not bother specifying a TDP value for their processors in the first place.
Take the FX-8350. That 125W TDP rating is supposed to mean something. If the rating needs to be 130W or 120W then that is what the rating is supposed to be, the specific number selected is supposed to be adhered to, otherwise a different specific number was supposed to have been selected.
As far as MSI is concerned, the FX-8350 should have been spec'ed as having a 140W TDP, not a 125W TDP. It is easy to see why this might be the case for any number of data points.
For starters the HSF that AMD bundles with the FX-8350 is a beast, it bests even the HSF they use to bundle with their prior 140W TDP processors. Second it is easy to measure the actual power consumption by the processor, as MSI's engineers did.
And third, it is easy for us lay-people to measure power at the wall and compare between systems and if the FX-8350 truly was a 125W TDP processor then my 3770k really ought to be spec'ed as being a 45W TDP processor.
The thing is, and this is where AMD is clever and in ways we can all recognize with our own eyes, a TDP spec means nothing if there is no accompanying temperature spec. And AMD was keen to see that they never published a temperature spec for the piledriver processors.
AMD could spec the TDP as being 95W, heck why not 77W and just be absurdly dishonest about it, and so long as they don't spec a maximum allowed operating temperature they technically have not done anything wrong.
Right now what AMD is saying is "3 + Red = Fish". Its nonsense, gibberish, and they know it. The temperature spec is intentionally absent, and it must be absent, so long as they continue to ship processors that are spec'ed as being 125W TDP but can consume 140W running routine rendering apps. So long as they leave that part of the spec blank they can continue to do what they please with the TDP situation.
(for the folks who follow discrete GPU's, it was no different than when AMD decided to
ship the 6990 GPU and
violate the 300W PCIe spec for power-consumption...AMD just did it anyways and when people asked them to comment on it they muttered a collective "meh")