>> Unigine might as well be called TesselationMark.
Except that unlike FutureMark, there are actual games being developed on the Unigine platform. At least one of which (http://oilrush-game.com) will be released in about a month.
What's wrong with Unigine?
>> For that reason, we are working on a driver-based solution in time for the final release of the game that improves performance without sacrificing image quality.
I.e. "We're going to make the driver recognize this game, discard the developers code and substitute our own highly-optimized-for-only-our-own-platform code, so that future reviews will be comparing apples and something that looks exceedingly like an apple but won't at all be indicative of the relative power to run the same code."
I can't see Ubisoft discarding ATI/AMD's suggested 'fix' code unless it hurt performance for the Nvidia cards or had some other negative aspect.