3D mark will always be owned and the benchmark will always be flawed for the simple reason that they are supported by the card companys, it is not independant :-
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We create reliable and neutral benchmarks in co-operation with leading computer hardware and technology companies.
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Not only is there the problem of trying not to bite the hand that feeds you, but the fact that the benchmark is so easily faked.. If you run 3Dmark in a OS installed under VMware or Wine you can produce some interesting and incorrect results.... Certain game hacks which effect the system clock can also effect this benchmark.
The biggest problem is the benchmark itself imho