PFG, my explanation was neither an excuse or speculative as you can see in this "remedy". Clearly the FTC conceded they had no case. Practically no one will recompile and now Intel has to print a disclaimed in the software documentation.
Capability to support something doesn't mean that it's faster to use that capability. AMD implemented a lot of SIMD stuff as two 64-bit operations several years ago and something that would be faster on Intel using SIMD could be slower on AMD using the same operations. You can support instructions just so that you support the instruction set but you might never want to actually use those instructions.
So in the absence of guidance, one could just punt.
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