There is a problem with giving bad information, even if the bad information isn't as bad as it possibly could be. "Not the worst it could be" does not mean "not very bad"...what does not saying the NV38 is "the end all be all" have to do with this?
Analyzing against arbitrary examples of what something is not does not change criticisms about the problems in what something
is, there has to be some relationship from what you've shown it isn't that prevents it from being something else. The relationship for your example is "not the worst possible" means "not very bad", and it simply isn't valid.
Anyone who has heard good things about nVidia and bad things about ATI can reasonably translate these results into the NV38 being a better choice for the games that might be misrepresented currently. It would appear to be true that, in many cases, this would not be a reasonable conclusion with accurate information. Therefore, it seems to me that information that allows this disparity due to its inaccuracy might clearly be called "bad", and can clearly be said to not show ATI in a "positive light" in relation to reality.
The missing image quality analysis, the lack of the ability for independent verification, the presentation of comparison with settings/workload that seem to be vastly divergent in actuality...all of these seem bad or very bad by themselves, and the combination even worse. Just because the comparison could have been distorted
more doesn't make it any better than it is...
all it establishes is that it "isn't the worst possible".
Where does that get you?
The choices aren't as simple as "Perfect and thorough" and "Irreparable harm to ATI", nor does representing those as the choices and saying "it shows them in a positive light because it didn't do irreparable harm to them" make any sense whatsoever.
I'll try to refrain from the obvious but emotionally weighted comparisons to crime that come to mind, but I ask you to give it some thought if it helps illustrate a problem with your above statements for you.
More directly: How does a comparison that puts someone at a gross disadvantage to where they actually stand, in this case by representing their doing more work as valid to compare to another doing less, show that someone in a "positive light"?