His response was in regards to the the "sue Apple for wrongful claims" being discussed. What he means is that TB is
variable depending on thermals and cores in use.
As you know, there are times the E5 you mentioned will be operating at 2.3GHz, and there are times when cores will be at 3.6GHz, and everything in-between depending on thermals and cores in use. I.e., there's no way Intel can guarantee what speed the CPU will be working at at any given time.
Therefor, by pl595's logic, you could sue HP for false claims since it won't ALWAYS operate at 3.6GHz turbo even when only two cores are in use, and it won't ALWAYS operate at 3.4GHz with 3 cores in use, etc. I'm not so sure MG's logic is apples to apples in this instance, but this sub-topic about suing Apple is ridiculous to begin with, so who cares.