There isn't an argument over whether the soak test is confidential or not. It is confidential. When someone signs up for the feedback network, and then when that person agrees to participate in the soak test, he/she agrees to keep everything about it confidential. So, there's no debate there - it's confidential. Does it change anything about the OTA if people break their confidentiality agreements? Most likely no. But it's all about the principle of the matter - keeping your word.
Also, since talking about the soak is a violation of the confidentiality agreement, and any information discussed from the soak test is technically Motorola's private information, talking about it is a violation of forum rules (see number 2 in this thread -
"Guidelines of Conduct" for DroidForums.net). Plus, it doesn't look good for the forums to allow and condone the discussions had by people that are breaking a confidentiality agreement, especially an agreement one of the major manufacturers that this site is about. If Motorola wanted to, they could threaten legal action against the site for allowing it. Is that actually going to happen? No, but again, it's the principle of the matter.
What you're bringing up now is a different question - should it be confidential? That's something else entirely.