Well AGEIA has been bought, and soon you will not be able to buy those cards anymore. The test will still use AGEIA PhysX cards. So for the people that still have them down the road(a year or 2 from now) when it becomes almost imposable to find. Will have an unfair advantage as well because the whole test will not just be done on the CPU for those people.

The only way to really keep the AGEIA PhysX test in the program fairly(because AGEIA PhysX was bought out) would to allow it to be done on the GPU. AMD could implement this into their cards as well if they want to.