This is the real question, too many people seem to be blindly throwing around "Regression of X%". Phoronix have put out some benchmarks for Linux [1][2]. As one may expect I/O seems to be hit noticeably given it's handled by the kernel.
The question becomes: does Apple need to compensate customers? If Ford sold a car with a certain amount of torque advertised, and then an ECU patch (due to emission problems) slashed that torque by 30%, you bet they’d have to compensate either monetarily or with a buyback. MacBooks go for as much as secondhand cars too.