Guys in business there is no such thing as unfair. You win or go home. In this instance nvidia isn't doing anything wrong and if you think AMD wouldn't do it if they wanted too or could your nuts. Paying devs for certain things to make your hardware look/run better and your suprised? LOL no SLI support in the retail version of dirt 2 for over a month ring a bell? That's just the first one that came to mind but it's been going on forever and won't change any time soon. Pfft come on guys get real lol.
I think AMD would dissagree with you. Intell were unfair and look what it cost them. Nvidia pretty much have been riding on a very very fine line in regards to shady business practices and I wouldnt be surpised if a day comes where they get called out on it.