What does it matter who the publisher/dev was?
Yes, FC3 was also a mess, but like you say, that has nothing to do with this, so why bring it up?
We are talking about Gamerworks titles (all 2.5 of them), and one is rather broken on the multi-card for the developer of Gameworks - Nvidia.
I asked in the gaming thread the other day, and while I didn't get many responses, there is at least one user who is happy as Larry with performance on his 7990 (which he wouldn't be if it was the stuttering mess it is on Nvidia SLI).
I need to go back and check if anyone else responded.
I'll ask the same for Batman, as I'd hate to make assumptions and suck numbers out of my thumb (either in support of, or against my stance on the matter)