FutureMark Statement: Futuremark now has a deeper understanding of the situation and NVIDIA's optimization strategy. In the light of this, Futuremark now states that NVIDIA's driver design is an application specific optimization and not a cheat.
NVIDIA Statement: NVIDIA works closely with developers to optimize games for GeForceFX. These optimizations (including shader optimizations) are the result of the co-development process. This is the approach NVIDIA would have preferred also for 3DMark03.
Translation VIA HardOCP: FutureMark reneges on previous statements and confirms NVIDIA was not cheating on their benchmark and NVIDIA will not take a legal action against FutureMark that would bankrupt them.