Dumping what I know, hoping it will help.
Additions were made to sound/pci/hda/patch_hdmi.c in 3.8.0-18, and removing 
them solves the problem. As I can see, they are based on 3.9-rc*, but it seems 
that upstream some other additions were made.
I added a patch to better illustrate what's causing the problem, it's not meant 
to be a solution.

** Patch added: "hdmi.patch"
   
https://bugs.launchpad.net/ubuntu/+source/linux/+bug/1169761/+attachment/3651287/+files/hdmi.patch

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https://bugs.launchpad.net/bugs/1169761

Title:
  3.8.0-18 Kernel causes HDMI Audio to stop working

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