There has been a row over the use of a DLL that had been optimized by AMD and added to the 3D Mark 99 MAX benchmark software shipped with their review systems. Futuremark released the following statement the issue. I'd assume they received heat from Intel and chose to move themselves into a neutral position. This was followed by this article on EB News, which was a poor interpretation of the press release. Especially there is no claim by Futuremark that their trademark is violated by AMD, but rather that such a violation would occur by using 3D Mark scores with the Athlon DLL in a way that was not following their detailed instructions in the press release.
More specifically still there are no claims made that the benchmark was rigged by using the DLL in question - my information is that it simply makes use of the new 3DNow! instructions, which, among other things, will crash the K6-2 and K6-III if it is used.
The integrity of the benchmark is not threatened, the performance is just optimized for the newer CPU that was not available when 3D Mark 99 MAX was released. Any questions whether Intel would have pushed for a SSE DLL if their Pentium III had come out after 3D Mark 99 MAX was launched?"