What I'm saying is why should AMD get a free ride on Intel's compilers? If the compiler checked the CPU ID and chose optimized code only for genuine Intel CPUs then I wouldn't have a problem with that. I'm not talking about compile time but run time. AMD has the option of developing their own compilers and they can optimize the code for their CPU ID.
If the compiler is checking if there is an intel cpu in the mistaken assumption that that is required to run SSE2 then the mentioned trick could very well be effective.
It doesn't have to be a mistaken assumption. It could be intentional and I wouldn't have a problem with that as long as it was disclosed and understood.