Dave: You're quite right, of course -- I have the Constitutional right to publish even a stupid benchmark without asking Microsoft's permission, and I'd like to think there's not a court in the land that would deny that, no matter what the WGA Notifications EULA says. (But, then again, when you look at what some of our courts have said in cases like the Blizzard/Bnet case, maybe there are some judges who are ready to say that EULAs trump the 1st Amendment.)

The reason I won't publish a stupid benchmark though speaks to why these censorship clauses aren't justified: I won't publish something that I don't believe is worthwhile because I value my credibility. If an honest publicaton does something stupid by mistake, it will correct it when the mistake is pointed out. If a dishonest publication intentionally publishes false benchmarks, there are libel, defamation, misrepresentation and other laws to cover it.

Ed Foster