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AMD Takes Case To Public, Japan

Kez writes "Following on from Tuesday's post on AMD filing a lawsuit against Intel in the U.S., Reuters is reporting that AMD is claiming damages against Intel K.K. in Japan, over the Japan Fair Trade Commission's recommendation that Intel has violated Japan's Antimonopoloy Act. They are seeking to claim $50million in damages in the High Court and have also filed for damages in the District Court. AMD continue to throw the punches, but will they come out on top?" At the same time, Rob writes "Computer Business Review is reporting that Advanced Micro Devices yesterday ran a full-page advertisement in several major North American newspapers urging readers to familiarize themselves with its 48-page complaint against Intel Corp's alleged anti-competitiveness. By taking its case to the people in this way, AMD arguably may pique investor interest and raise its market profile. At the same time, these antics may however lead AMD into a precarious legal position."

244 comments

  1. Mod story -1 Redundant by TripMaster+Monkey · · Score: 1, Offtopic

    From TFS:
    Reuters is reporting that AMD is claiming damages against Intel K.K. in Japan, over the Japan Fair Trade Commission's recommendation that Intel has violated Japan's Antimonopoloy Act.
    Um...how is this news? From the Groklaw article referenced in Tuesday's Slashdot article:
    This litigation follows a recent ruling from the Fair Trade Commission of Japan (JFTC), which found that Intel abused its monopoly power to exclude fair and open competition, violating Section 3 of Japan's Antimonopoly Act. These findings reveal that Intel deliberately engaged in illegal business practices to stop AMD's increasing market share by imposing limitations on Japanese PC manufacturers. Intel did not contest these charges.
    New day...old news.
    --
    ____

    ~ |rip/\/\aster /\/\onkey

    1. Re:Mod story -1 Redundant by kesuki · · Score: 1

      It's news because who read TFA anyways ;) It wasn't in the Summary of TFA yesterday so thus it wasn't _covered_ yesterday. I also notice them echoing my concerns for how this could backfire on AMD from the comments yesterday, if somewhat more vaugly ;)

    2. Re:Mod story -1 Redundant by essreenim · · Score: 0
      yeah Zonk fails it..often..we know. What can we do?

      AMD: Anyway, send in the lawyers. IP department: What? WE're all out. We can't cover Japan too. AMD: Thats ok we're working with Honda on a new kind of cyber lawyer A_SUE_ME IP department: Ooo, I don't work for you anymore. Those guys'll undercut me

    3. Re:Mod story -1 Redundant by periol · · Score: 2, Insightful

      Whether or not this story is "news", there's a pretty clear difference between the two blurbs you cited.

      1. The Fair Trade Commission of Japan (JFTC) ruled against Intel, saying that Intel deliberately engaged in illegal business practices.

      2. AMD decided to claim damages against Intel in Japan, a logical decision seeing that Intel has already been found in violation of the law.

      Call me crazy, but Intel being found guilty by the JFTC and AMD claiming damages as a result of that ruling are not the same thing. Perhaps you think that #2 logically follows from #1. But at least as of Tuesday, it hadn't *actually* happened yet.

      So for people like me, who are interested in what happens in this case, this is not only news but new news. Which is why I read /. - the tidbits of new news.

    4. Re:Mod story -1 Redundant by DigitumDei · · Score: 1

      The ruling in Japan happened in March and was just a report from the JFTC, it did not involve any court action. Until, of course, the official filing suit happened today...

      New day, new news.

    5. Re:Mod story -1 Redundant by njcoder · · Score: 2, Insightful
      Agreed. It's nice to see AMD take action. I'm tired of the Intel Inside tone on tv :)

      For those that are interested in reading a bit more there are better articles out there such as this one It's a bit negative on AMD but the infor is better.

      The Opteron is featured throughout the lawsuit. AMD accuses Intel of paying IBM to stop marketing servers with Opteron chips. The company also claims IBM executives said they could not support AMD without facing retribution from Intel. The lawsuit claims that Honda Motor (nyse: HMC - news - people ) specifically asked server supplier NEC (nasdaq: NIPNY - news - people ) to design an Opteron-based model, but that NEC inexplicably shelved the product, never marketing it to any other customers.

      Hard to believe that one could bully a big company like IBM. Maybe monopolists like to stick together.

    6. Re:Mod story -1 Redundant by KarmaMB84 · · Score: 1

      If IBM *needs* Intel products (when they built PCs) much more than Intel needs IBM products, then Intel can easily bully IBM.

    7. Re:Mod story -1 Redundant by dnoyeb · · Score: 1

      Large difference between bullying and "paying."

    8. Re:Mod story -1 Redundant by dnoyeb · · Score: 1

      That and the Apple announcement.

      Think for a second of the credibility AMD would gain if Apple used their processors. This Apple decision is goign to pit AMD vs. Intel in a dogfight for years to come. Remember, the architecture is the same, Apple can essentially switch at any time.

    9. Re:Mod story -1 Redundant by periol · · Score: 1

      To whom are you responding? If it's my comment, I have absolutely no idea what statement I made you're riffing. I think maybe you think I was justifying AMD filing the case. Actually, I was explaining why it was news that AMD is pressing for damages from Intel.

      But maybe you were responding to someone else, and replied to me by accident. That must be it.

      All that said, I sincerely doubt that Apple switching to AMD is even a remote possibility for a while. And by a while, I figure at least four years, maybe longer. The only thing I see possibly impacting that would be shaky Intel tech and continued AMD improvements.

    10. Re:Mod story -1 Redundant by njcoder · · Score: 1

      small difference between cowardice and greed when you wind up not doing the right thing anyway

  2. victor: AMD! (I hope) by Anonymous Coward · · Score: 1, Interesting

    I hope AMD wins. Intel wants to make as much money as possible from each small innovation before giving us the next.. see : 64 bit computing

  3. My question... by millennial · · Score: 4, Interesting

    Will the other smaller chipmakers somehow benefit from this? For example, I seem to recall a story about some company or another tanking because they couldn't sell competitive chips anymore. Is this really just an AMD publicity stunt, or do they somehow hope to help the "little guys"?

    --
    I am scientifically inaccurate.
    1. Re:My question... by PsychicX · · Score: 1

      No, it won't. This is for AMD and AMD alone. The barriers to entry are just too high in the x86 market, not because of fab capability but because of IP. AMD and Intel have put fantastic amounts of cash into making up for the failures of the x86 ISA and creating some truly fabulous chips. Any company looking to enter the market now would be years and years behind (even AMD's early designs come from Intel, though that's early history). Via and Transmeta are dying...Via still lives only because its Eden and C3 lines consume very little power relative to the AMD and Intel offerings. Transmeta has nothing to show for itself.

    2. Re:My question... by dafz1 · · Score: 5, Funny

      It's a publicity stunt. The straw that broke the camel's back was the Apple/Intel annoucement. Conventional wisdom was if either Intel or AMD was going to have chips in Macs, it would be AMD for many reason(64-bit chips, collaboration on HyperTransport, image of the most powerful CPUs, etc). Since AMD got shut out of that, they had enough, and are claiming monopoly(if the Dept. of Justice can't get M$, how are they going to get Intel?).

      Based on the allegations, this is how the Intel/Apple negotiations went.

      Intel: Steve, I hear you keep a build of OS X on x86.

      Jobs: Yeah, why?

      Intel: We want you to switch to Pentium 4 processors.

      Jobs: We're not interested. We're sticking with the PowerPC.

      Intel: IBM made you look like an idiot, with your 3GHz by 2004 prediction.

      Jobs: They gave us a roadmap, they just have been a little busy making chips for game consoles.

      Intel: Wouldn't you like to finally break away from "The MegaHertz Myth"?

      Jobs: We've done a good job dispelling that myth.

      Intel(losing patience): Steve, we want you to change to our processors.

      Jobs: N...

      Intel rep opens a brief case, full of $100 bills, with a P4 chip sitting on top of the bills.

      Intel: You will switch to the P4.

    3. Re:My question... by Anonymous Coward · · Score: 0

      Why on earth would AMD be interested in helping the "little guys"? They are only interested in helping their shareholders. Sounds like you need to go back to business 101.

    4. Re:My question... by Wdomburg · · Score: 3, Insightful

      Via dying? I'd say it's way too early to start writing an obituary. They're actually expanding their x86 compatible offerings quite a bit at this point, with the recent release of the C7, C7-M, Eden-N, and "Luke" chips. And Hewlett Packard just chose them to power their entire thin client line.

      The thing about Via is that they're in a fairly invisible market segment, as far as mainstream computers go. They compete against the Pentium/Celeron M ULV and AMD Geode, not the Pentium IV and Athlon lines.

      The industry is only just starting to focus on the issue of power consumption seriously, and the classes of devices where this is a key feature (e.g. tablets and ultraportables) are only just starting to show significant growth.

      I have a feeling Via has a lot of untapped potential here. Intel finally coming out with decent low power designs hampers things a but, but Transmeta's exit from the marketplace balances that out somewhat and they still have a very compelling overall platform.

    5. Re:My question... by Anonymous Coward · · Score: 1, Interesting

      Actually Paul and Steve (COO, now CEO of Intel and Apple respectively) have lunch together quite regularly. This has been going on for a very very long time.

    6. Re:My question... by Anonymous Coward · · Score: 0

      s/Pentium 4/Pentium M/

    7. Re:My question... by Dun+Malg · · Score: 2, Interesting
      Intel rep opens a brief case, full of $100 bills, with a P4 chip sitting on top of the bills.

      Please. Jobs has a suitcase full of $100 bills next to his toilet for wiping his ass. People that high up aren't in it for money-- they already have that. They're in it for power.

      --
      If a job's not worth doing, it's not worth doing right.
    8. Re:My question... by gwayne · · Score: 4, Funny

      Jobs: We're not interested. We're sticking with the PowerPC.

      Intel: [waves hand] These aren't the chips you are looking for.

      Jobs: Uh, these aren't the chips we're looking for.

      Intel: [waves hand] You will switch to Intel.

      Jobs: We'll switch to Intel.

    9. Re:My question... by Mr.+Underbridge · · Score: 2, Insightful

      Dunno if it went that way. Right now, Apple needs intel a lot more than the other way around. I doubt Jobs would have had an intel version of OS X for so long if he hasn't been damn worried about IBM screwing them. I don't think it probably took much convincing from Intel (aside from finances), and I'd think Jobs probably initiated contact.

    10. Re:My question... by araemo · · Score: 1

      and I'd think Jobs probably initiated contact.

      Actually, if the reports that Apple never even TALKED to AMD about switching are correct, I really doubt Jobs initiated contact, unless he already knew about Intel's "Incentives" and planned to use them. If he didn't already know, he would have likely contacted both, so as to play them against eachother(As any good negotiator would.)

    11. Re:My question... by drew · · Score: 3, Insightful

      Conventional wisdom was if either Intel or AMD was going to have chips in Macs, it would be AMD for many reason(64-bit chips, collaboration on HyperTransport, image of the most powerful CPUs, etc)

      I was under the impression that a big part of Apple's switch away from IBM was due to recurring supply problems in getting enough G3/G4/G5 chips to meet demand. If that really is the case, why would they go and switch to a new vendor that is notorious for supply shortages in their high end offerings, regardless of any technological superiority. I doubt AMD really ever had a chance at that deal, regardless of any tactics Intel may have used.

      --
      If I don't put anything here, will anyone recognize me anymore?
    12. Re:My question... by Mr.+Underbridge · · Score: 1
      Actually, if the reports that Apple never even TALKED to AMD about switching are correct, I really doubt Jobs initiated contact, unless he already knew about Intel's "Incentives" and planned to use them. If he didn't already know, he would have likely contacted both, so as to play them against eachother(As any good negotiator would.)

      That's an interesting angle, but I'm not so sure. Couple of reasons: 1) I'm not so much buying the rumor that Apple didn't contact Intel. 2) AMD is still perceived as a cheapo by many, and Apple may have wanted to go with the big dog. Can't blame them there. 3) Why would Intel suddenly decide Apple - the company that had always vilified them - would be "conquorable" unless Jobs made friendly? 4) It makes more sense to go with Intel if it's an attempt to nail MS as some (okay, Cringely) speculate.

    13. Re:My question... by John+Miles · · Score: 2, Funny

      Hah! That would be like trying to pull a mind trick on Yoda. It would go more like:

      Intel: [waves hand] You will switch to Intel.

      Jobs: [waves both hands, accompanied by a faint hum and the smell of ozone] Your chips suck ass. You will pay me $50 for every Mac that ships with one.

      Intel: [trembles] Er, how about if we pay you, say, $50 for every one you ship?

      Jobs: [nods benignly] That is acceptable.

      --
      Dahlmann tightly grips the knife, which he may have no idea how to use, and steps out into the plain.
    14. Re:My question... by Shadow99_1 · · Score: 1

      2 comments that need to be made here:

      1) AMD ahs a new fab that will be ready before any Intel chip goes into a Mac...

      2) AMD had to much space just two years ago (and was renting out part of the Dresden fab). Only recently has demand caused any problems with supply and only because they are supplying 4 segments (server, workstation, desktop, laptop) of the market with the newest using up more wafer space because they are dual core.

      --
      we are all invisible unless we choose otherwise
    15. Re:My question... by sinan · · Score: 2, Funny

      >>They're in it for power.

      Nope. Apparently they're in it for Pentium...

    16. Re:My question... by Anonymous Coward · · Score: 0

      Intel: [stares hard into the eyes of Jobs] I am the Master, you will obey me. You... Will... Obey!

      Jobs: I... Will... Obey...

    17. Re:My question... by DimGeo · · Score: 1

      Jobs: Can I learn the secret of this x68?
      Intel: Not from AMD.

  4. good by nomadic · · Score: 4, Insightful

    Good for them. Intel's actions are exactly what anti-monopoly laws were passed to suppress.

    1. Re:good by Anonymous Coward · · Score: 1, Informative

      There is no such thing as anti-monopoly laws. It is perfectly legal to have a monopoly.

  5. AMD?! by Anonymous Coward · · Score: 0

    Heh, when will it end?

    1. Re:AMD?! by WidescreenFreak · · Score: 1

      Until Intel is no longer allowed to lock AMD out of fair competition, perhaps? Gee, that seemed to be pretty obvious to me. :)

      --
      The Overrated mod is for reversing inappropriate, positive mods, not for voicing disagreement with a post.
  6. In other news... by derEikopf · · Score: 3, Funny

    Large corporations, who make most of the money for the U.S.'s economy, are the most-discriminated-against group of people in the world...for being too successful.

    1. Re:In other news... by Threni · · Score: 3, Funny

      > Large corporations, who make most of the money for the U.S.'s economy, are the
      > most-discriminated-against group of people in the world...for being too
      > successful.

      What colour is the sky on your planet?

    2. Re:In other news... by Anonymous Coward · · Score: 0

      Gasp! You mean the government doesn't look out for the big guy anymore? /sarcasm

    3. Re:In other news... by Trigun · · Score: 1

      I'm not sure, but it's a planet where profitable==successful. Unfortunately, I'm lead to believe that the sky is blue there. Let me check... (looks out window) Yep, still blue.

      Someone has to come up with a formula for success that doesn't equate directly to a ledger line.

    4. Re:In other news... by FriedTurkey · · Score: 2, Funny

      I agree. Corporations should form a group to stand up against descrimetory anti-corporation behavior. They should stop the corporation hate speech such as "monopoly", "labor unions", and "taxes". They should create a group to look after the interests of corporations.

      Oh wait I forgot. They already have an organization called the Republican Party.

    5. Re:In other news... by lcsjk · · Score: 1

      You mean, like ENRON?

    6. Re:In other news... by Sj0 · · Score: 1

      Yep, I'm sure they are.

      Actually, If they didn't have a direct line into the decision making of the government, you'd be absolutely right. As it is, they're not the most discriminated against group, they're the most powerful group.

      "We need the DMCA! To the batphone!"

      --
      It's been a long time.
    7. Re:In other news... by Beren · · Score: 2

      Yum... after-lunch Troll...

      First, I loathe what the Republican Party has become. The big-corporation, big-government movement is the most depressing thing I have ever witnessed...

      Second, why don't you look a bit more closely at some of the campaign contributions of the Democrats? Let's not throw stones*. The corporations are not stupid, they pay out on *both* sides of the aisle...

      (*) Unless, of course, you are a libertarian, and voted as such, then, by all means, throw stones!

      Former Republican, Ideological Libertarian signing off...

    8. Re:In other news... by fyoder · · Score: 2, Interesting

      AMD should be spending their money on campaign contributions, not newspaper ads, if they want to get results. Though it may be they've already considered that and discovered they can't outbid Intel in influence dollars. Perhaps they should fund the Democrats, get in while their stock is low in hopes that it will rise in 2006.

      --
      Loose lips lose spit.
    9. Re:In other news... by FriedTurkey · · Score: 0, Flamebait

      Second, why don't you look a bit more closely at some of the campaign contributions of the Democrats? Let's not throw stones*. The corporations are not stupid, they pay out on *both* sides of the aisle...

      (*) Unless, of course, you are a libertarian, and voted as such, then, by all means, throw stones!


      If we lived in a perfect libertarian society there would be no need for corporations to give to politicians. We would all be running around in total anarchy fighting each other for food waiting for the "free market" to fix everything.

    10. Re:In other news... by Bimo_Dude · · Score: 1
      I used to consider myself a republican; now I do not. The republican and the democratic party [yes - singular] has been taken over by corporations.

      In the words of Mussolini:
      Fascism should more appropriately be called Corporatism because it is a merger of state and corporate power.

      Here is an interesting little page that diagrams the links between all of these people.

      --
      "Teleporting Rodents with D-Cell Battery Displacement" theory -- IgnoramusMaximus (692000)
    11. Re:In other news... by derEikopf · · Score: 1

      True...but I wasn't even talking about politics. I love it how everytime I mention how good corporations are for America, everyone starts hollering "fascist fascist!".

    12. Re:In other news... by derEikopf · · Score: 1

      What's that sound? Oh, that's the sound of my statement going right over your head.

      First, it had nothing to do with the government. Second, the government shouldn't look out for anyone (economically). Third, you are an anonymous coward.

    13. Re:In other news... by rajafarian · · Score: 1

      Someone has to come up with a formula for success that doesn't equate directly to a ledger line.

      How about this one: Success = the extent to which a person overcomes their own selfish, egoistic, habitual tendencies and approaches what Abraham Maslow called "self-actualization."

      The problem, of course, is that people now have to abide by this view and I don't see that happening any day soon.

    14. Re:In other news... by coolGuyZak · · Score: 1
      What colour is the sky on your planet?

      Right now it's sort of a beige-ish blue. But I hear they're working to fix that. Apparently, green is more relaxing.

    15. Re:In other news... by MoneyT · · Score: 1

      In order to achive, self actualization, all of the other needs in the maslow hierarchy must be met. One of the best ways to meet those lower needs it to be sucessful in relation to a ledger line.

      --
      T Money
      World Domination with a plastic spoon since 1984
    16. Re:In other news... by Anonymous Coward · · Score: 0

      Not flamebait how? Oh yes, good old democrat mods.

      AC in case more democrat mods are lurking.

    17. Re:In other news... by Sj0 · · Score: 1

      So you'd prefer people love their masters? I think that ignores human nature.

      I've realized something. Both government and the rich can oppress people. People who don't think that's the truth are naieve. I see no problem with hating both -- indeed, hating anyone who would oppress you given a chance -- and working towards making those with the power to toy with peoples lives like that less powerful.

      On the other hand, it's important to remember that both government and the rich are neccessary, and useful. Without law, those with strength or wealth would dominate and oppress everyone. Without capital, nobody would have anything to take. It's just a matter of finding a favourable balance between all elements of our society, meaning that there's no magic bullet, but hating anyone powerful enough to have you killed is a good step in the right direction. :P

      --
      It's been a long time.
    18. Re:In other news... by rajafarian · · Score: 1

      One of the best ways to meet those lower needs it to be sucessful in relation to a ledger line.

      I don't understand what you mean by "in relation to a ledger line" in this specific case because every example I can think of someone achieving "self-actualization" they didn't have a checkbook but their immense wealth came from being content with what they had.

  7. Lawsuit by Anonymous Coward · · Score: 1, Insightful

    Lawsuits are sometimes interpreted as a hallmark of a desperate company. Perhaps things are not looking so rosy for AMD?

    1. Re:Lawsuit by iamaustin · · Score: 1

      I agree. I see this move as a shameless attempt on AMD's part to increase the 'buzz' surrounding their products. On tomshardware, I saw an article whose title read, "If you cant beat them, sue them" and the first thing that came to my mind was this suit. The article wasn't about this suit, but instead about Grokster. Still an appropriate title, in my mind.

    2. Re:Lawsuit by Anonymous Coward · · Score: 0

      You sound like an Intel fanboy... Trying to sound objective, but pushing your agenda.

    3. Re:Lawsuit by Oid.Surin · · Score: 1

      My first impression was "publicity" as well, and I will definately lose a lot of respect for AMD if that is all this turns out to be.

      --
      ~oid
    4. Re:Lawsuit by Sj0 · · Score: 1

      If you respect companies, you're in for a shock. They're all trash. It's the law. They're are legally forced to be greedy douchebags. If they aren't, the stockholders can sue them.

      --
      It's been a long time.
    5. Re:Lawsuit by Oid.Surin · · Score: 1

      This is very true... I shall have to rethink my purchasing practices based off this new information. Shall I just seek out the sleaziest company I can find and buy their products?

      --
      ~oid
    6. Re:Lawsuit by Sj0 · · Score: 1

      No, just put your mental energy towards a struggle that isn't stupid. There are things you can do to make this world a better place. Trying to pick which sleazy corp you ought to be buying from won't.

      --
      It's been a long time.
    7. Re:Lawsuit by Anonymous Coward · · Score: 0

      I don't think things have ever look "rosy" for AMD. They've just been street-smart survivors, and unlike Cyrix, they really have outstanding products, which make the informed decision a no-brainer if you want the best cost/performance ratio.

      So what has held them back? The Intel monopoly and its shady maneuverings. Simple as that. I mean, AMD is an excellent competitor with smart and innovative products, but you have to keep the game fair for any of that to matter. AMD just wants the game to be fair.

    8. Re:Lawsuit by KillShill · · Score: 1

      anonymous cowards are sometimes shills.

      and not very good ones at that.

      too obvious. next time, try to at least hide the fact that you suck at the intel teet.

      --
      Science : Proprietary , Knowledge : Open Source
  8. Let the courts decide... by Neil+Watson · · Score: 4, Insightful

    Please, AMD do not use this in some SCO-like attempt to pump your stock price. Instead, advertise your products. Let the courts decide whether or not Intel has had an unfair advantage. Mud slinging just makes you look like you are hiding something.

    1. Re:Let the courts decide... by Shadow99_1 · · Score: 3, Insightful

      Ya know that's exactly what Intel has been doing for years though... I can't even count how many times Intel has gone after AMD over the last decade at least...

      I think AMD finally decided enough was enough and have thrown down the gauntlet... Let all the dirty laundry air... etc...

      --
      we are all invisible unless we choose otherwise
    2. Re:Let the courts decide... by periol · · Score: 2, Informative

      On the bright side, at least AMD has some products to potentially advertise. That's one giant leap forward from SCO. ;-)

    3. Re:Let the courts decide... by MindStalker · · Score: 1

      I was wondering years ago why AMD didn't sue then. I'm thinking they waited till they guinuently were a superior product so that they couldn't be simply told they are complaining because they have an inferrior product.

    4. Re:Let the courts decide... by RealProgrammer · · Score: 1
      Please, AMD do not use this in some SCO-like attempt to pump your stock price.

      Too late. AMD was up almost a point and Intel was down almost a point (a huge change for the much larger Intel).

      But you were mainly concerned about what they'll do in the future. I agree and hope they just quietly pursue the suit. Win or lose, they're better off that way.

      Even if their aim is to be bought by IBM or (*gasp*) Microsoft, making a bunch of noise will just make that more difficult.

      --
      sigs, as if you care.
    5. Re:Let the courts decide... by Sj0 · · Score: 1

      Not really. SCO was doing things that were really slimy, like accusing the Linux community of things in public that it wasn't accusing them of in court. This is quite different.

      In fact, invoking SCO in a discussion about a legitimate legal battle should become a sort of godwins law.

      --
      It's been a long time.
    6. Re:Let the courts decide... by Bimo_Dude · · Score: 1
      Agreed. Lat's call this one Watson's Law

      D'oh! Watson's Law is already taken!

      Oh well...

      --
      "Teleporting Rodents with D-Cell Battery Displacement" theory -- IgnoramusMaximus (692000)
    7. Re:Let the courts decide... by KillShill · · Score: 1

      how can the courts DECIDE if no suit is brought?

      it has nothing to do with an "unfair advantage" and everything to do with breaking anti-trust laws.

      one wonders how much intel pays for online shills nowadays.

      do you get full medical and dental benefits?

      --
      Science : Proprietary , Knowledge : Open Source
    8. Re:Let the courts decide... by darkonc · · Score: 1
      I'm thinking that AMD's take on this may be along the lines of "Cant get AMD machines that easy? Start asking some hard questions!"

      SCO has a lot more to lose in taking this to the public court than SCO's nothing. If claims like this are false, then AMD is opening themselves up to some nasty libel suits, so I'm guessing that they lawyers are pretty sure of their case to be OKing something like this. The only other explanation would be that AMD was on it's last legs and grasping at straws -- and nothing that I see points to that. If anything, it appears that AMD is gaining ground, and I can easily see that AMD's customer quotas are getting seriously in the way.

      I don't have the URL on hand, but this sounds soo much like the stuff was reading on Groklaw that came out of the Microsoft/DR-DOS anti-competition suit. Microsoft would set quotas for each distributor such that if they didn't produce (near) 100% MS-DOS boxes, they'd be fscked because the bulk of their business was still with them, and DR-DOS was something of a (large) niche market.

      Given a choice of "Give up that niche market or we'll double your price and make your developers' lives hell," most OEM's are going to drop the niche. Back in 1992 it was DR-DOS on the business end of the monopoly club. Today it appears to be AMD.

      Think about it for a second: It's all over slashdot. AMD's chips are (for the most part) faster, cheaper, lower power and better designed. Intel had to eat crow and follow AMD's lead in the 64-bit CPU field. So why aren't OEMs jumping ship like ants to a jam-spill for AMD parts? Anti-competetive pressure on the part of Intel is one of the few things that fit into this equation.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    9. Re:Let the courts decide... by g0dsp33d · · Score: 1

      I'm admittedly an AMD fan boy. But there are some reasons to stick with Intel. First of all, large corperations don't like ordering new parts that are not similar to their "base" computers. Switching would increase problems with (especially custom in house) software and increase pressure on the IT staff to fix repairs. Also, Intel does typically lead in certain benchmarks (like audio / video) and some office products. Companies are going to look much more heavily at those than they will at the many AMD leads in (memory access and gaming). Hyperthreading also gives them an advantage in the programs that are customized for it. I think the real test of the product line is yet to come. IMHO, AMD is gaining ground and unless Intel does something to change it, AMD will pass it in the more business benchmarks and slowly take away more business marketshare.

      --
      lol: You see no door there!
    10. Re:Let the courts decide... by darkonc · · Score: 1
      I don't disagree with anything that you're saying -- The point is (and Intel obviously knows this), that these points are exacerbated when AMD can't even get their foot in the door because the big retailers are essentially prevented from stocking {,sufficient numbers of} AMD parts. Thus it is that AMD is relegated to serving gamers and such or the high teckies because those are the only groups willing to buy from the retailers small enough to escape Intel's activities.

      This also prevents startup companies or special divisions within larger companies from generally ordering AMD, and thus proving (or not) that AMD can run cleanly on for the intended applications.

      Companies can only consider the points you're bringing up if they have the realistic choice to use AMD to begin with.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  9. Hm? by Anonymous Coward · · Score: 0

    "Japan's Antimonopoloy Act."

    Habayahava mayagayadaya?

  10. Reverse Logic? by RealityMogul · · Score: 2, Funny

    ""You may not be aware, but Intel's illegal actions hurt consumers -- everyday," read the ad, which mostly is a 350-word letter from AMD chief Hector Ruiz. "Computer buyers pay higher prices inflated by Intel's monopoly profits."

    I thought consumers paid lower prices since Intel charged less to vendors with exclusive contracts?

    1. Re:Reverse Logic? by overshoot · · Score: 4, Interesting
      I thought consumers paid lower prices since Intel charged less to vendors with exclusive contracts?

      That's the beauty of cliff-tiered rebates. The OEMs pay less for that last 5% if they don't include AMD in the mix, but the presumption is that the first 95% is going to Intel at monopoly rates regardless.

      There's a reason for the fact that AMD ships 20% of the unit volume but only gets 10% of the revenues for processors, despite selling to the high end of the market where margins are normally better.

      --
      Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    2. Re:Reverse Logic? by Spy+der+Mann · · Score: 1

      I thought consumers paid lower prices since Intel charged less to vendors with exclusive contracts?

      Hmmm let's see... 20% discount on a CPU... that costs TWICE as it should be. (Compare prices on Intel chips vs AMD's)

      Yay, you end up paying 80% more! Big discount, indeed.

    3. Re:Reverse Logic? by kesuki · · Score: 2, Interesting

      "Computer buyers pay higher prices inflated by Intel's monopoly profits."
      I thought consumers paid lower prices since Intel charged less to vendors with exclusive contracts?

      The first is just marketdroid FUD. Intel has Always had the pricing of building new fabs priced into their product lines, that's part of why they have way more capacity than AMD -- because they price the cost of the fabs into the chips they have money to build the fabs, to build the chips, and make the profit.

      Consumers are paying pretty close to fair prices, AMD tried to erode the market out from under intel, by pricing the chips at a lower profit margin, which forced intel to lower prices on it's low end. Since AMD couldn't ever erode the price below the cost of the chip, and intel's fabs were already paid for, there was no way for intel to loose on the price margin alone, so amd went after 'price/performance' make chips that are better, by actually designing them to be better. And then Intel started somwhere along there to actually Break the law, to prevent AMD from ever growing beyond it's current Fabs production capacity. Because while AMD could never beat intel in price alone, price/performance is battle that the underdog can win, especially when engineers start leaving your company because of your dirty sick marketing department... But they're playing unfair, so AMD needs governments and the people to realize that Intel is breaking the law to stifle compition, and since people are stupid, and AMD is upset, they say stupid, and untrue things. Like 'Intel is artificially inflating the price of computer parts.'

      They are just smart enough to include all R&D and fab plant construction costs to be in the profit margin of the CPUs they sell. However that doesn't change the illegal practices intel is using to prevent competitors from gaining market share. AMD is being wronged, they're just wrong about how much they're being wronged ;)

    4. Re:Reverse Logic? by mooingyak · · Score: 1

      Actually, 60% more (for your scenario).

      Chip 1 == $100
      Chip 2 == $200

      20% of $200 == 40
      $160 is Chip 1 + 60%

      --
      William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
    5. Re:Reverse Logic? by hyfe · · Score: 1
      Hmmm let's see... 20% discount on a CPU... that costs TWICE as it should be. (Compare prices on Intel chips vs AMD's)

      Yay, you end up paying 80% more! Big discount, indeed.

      1 * 200% * 80% = 1.6

      --
      "" How about taking the safety labels off everything, and let the stupidity-problem solve itself? """
    6. Re:Reverse Logic? by Anonymous Coward · · Score: 0
      But they're playing unfair, so AMD needs governments and the people to realize that Intel is breaking the law to stifle compition, and since people are stupid, and AMD is upset, they say stupid, and untrue things. Like 'Intel is artificially inflating the price of computer parts.'

      No, the statement is essentially true...though it isn't that obvious at first glance. The reason is that if AMD were allowed to compete fairly, its marketshare would rise, and Intel would have to compete on a level playing field. THAT would drive down prices over time.

    7. Re:Reverse Logic? by periol · · Score: 3, Interesting

      I have a two gripes with this:

      1. Intel may well be building fab costs into their chips (I don't know one way or another), but isn't it curious that AMD has been able to steadily chip away at Intel all these years, slowly building up production capacity, all while having less expensive chips? The only reason Intel can build the fab costs into the chip (if they even do that) is because they're a monopoly, and not operating under normal rules of supply and demand - Intel sets the price, not the market.

      2. At least part of the reason AMD has a tough time building up capacity is they don't have any large orders (like, say Apple) to make the investment tenable. Of course, they can't get large orders because Intel drops in with cash and pressure to keep AMD from getting large orders. Which helps keep Intel chip pricing artificially high.

      So I don't see what the problem is with AMD claiming that Intel's chip prices are artificially high. In a normal free market, the consumer would be paying for the costs of the product in front of them, not the product in front of them *and* the production costs of future products as well.

    8. Re:Reverse Logic? by Anonymous Coward · · Score: 1, Insightful

      A CPU "should" cost what the customer is willing to pay for it. The customer is the only person to blame for the fact that Intel chips cost 2x what AMD costs. If the customer wasn't willing to pay that much, you can bet that Intel wouldn't be charging that much.

    9. Re:Reverse Logic? by Anonymous Coward · · Score: 0

      AMD's strategy from the beginning has been to sell processors for cheap, thats why we got Celleron.

    10. Re:Reverse Logic? by Webmonger · · Score: 2, Insightful

      Intel's exclusivity contracts make Intel CPUs cheaper for an individual vendor, but presumably, unfettered competition would make it cheaper for everyone.

    11. Re:Reverse Logic? by Sparohok · · Score: 2, Informative

      Look, this has nothing to do with "pricing the cost of the fab in the chip"... of course every chip manufacturer does that or they'd be out of business. Other than R&D and a little bit of ultrapure sand, most of the cost of your Pentium or Athlon is amortizing the fab.

      What Intel is pricing into their chips, which AMD is not, is a crapload of operating margin, some 30%. By contrast, AMD is earning about 3% and Dell, the most fiscally secure company in the PC supply chain after Intel, about 9%. (Trailing twelve months, from finance.yahoo.com.)

      From the responses to this article it seems that most of you haven't read AMD's actual complaint. It's very interesting, it's written for humans not lawyers, and anyone who cares about the computer industry would do well to read it.

      Martin

    12. Re:Reverse Logic? by GrievousMistake · · Score: 1

      People would be willing to pay a *lot* of money for food, if there was a monopoly on it. That doesn't mean that it should cost that much.

      --
      In a fair world, refrigerators would make electricity.
    13. Re:Reverse Logic? by kesuki · · Score: 1

      of course every chip manufacturer does that

      Have you ever READ an SEC filing for AMD? They generally loose money. Historically they've been loosing that money on CPUs. Because intel won't let them sell production capapcity? maybe? because they undercut intel for market share? yes.

      What has kept them afloat is thier lucrative share of the flash memory market. Check the filings here, they're all PD. AMD has traditionally Lost Money on almost every desktop CPU they've released for a long time. This only recently started to change, with the foothold they've been making in the server and gaming market, and it looks like they're STILL undercutting, because they lost $17,000 last quarter (dunno how they got -$65 grand to -$17 grand, but I digress) (down from a profit of $45,000 a year ago)

      I know what laws intel has broken ;) and I know that AMD is being silly claiming prices of chips are 'artificially' inflated, when they are loosing money selling them at the price they're selling them at. My points are valid, AMD is making some valid claims, and some completely off the wall looney ones.

    14. Re:Reverse Logic? by Sparohok · · Score: 1

      Have you ever READ an SEC filing for AMD?

      Yes, and unlike you, I understood them.

      First, you're missing three zeros. AMD's net earnings are in millions, not thousands.

      Second, AMD's flash business is deadweight, it's been losing money for several quarters, and they're looking to get rid of it. On the other hand, their CPU business is actually profitable. Exactly the opposite of what you say.

      Third, your original claim was that Intel includes the cost of the fab in their selling prices whereas AMD does not. If that were the case AMD would be losing billions of dollars a year. And if Intel were in a competitive, cost driven market, they would not be earning 30% gross margins.

      Fourth, even if AMD were losing money, that would hardly disprove the existence of artifically inflated CPU prices. The chip business has massive economies of scale which makes chip production much cheaper the larger your market share. (Incidentally, this is why AMD has sometimes sells CPUs at a loss, not because they're too dumb to amortize their fabs.) AMD's claim is that Intel has denied AMD market share through illegal anticompetitive practices, keeping AMD's costs artificially high, allowing Intel to earn it's 30% operating margins.

      Keep your day job, whatever it is, because you'd never make it as a financial analyst.

      Martin

    15. Re:Reverse Logic? by coolGuyZak · · Score: 1

      Their high-end processors are far from cheap.

    16. Re:Reverse Logic? by megalomang · · Score: 1

      Yeah, there is a reason why AMD has a tiny amount of revenue... They sell more of their product to the lower end of the marketplace. I'm not sure where you are going though: revenue is not a factor of margins, it is a factor of average-selling-price times sales volume. If your volumes are at 10%, but your revenue is 1/2 that, then your their ASP is 1/2 Intel's ASP. Simple math.

      I don't know about the whole "monopoly rates" accusation either... How do you define "monopoly rates"? If these rates are so high, why wouldn't the vendor go AMD all the way?

      And why the hell can't an AMD-exclusive vendor succeed anyway? When someone can sufficiently answer this question, maybe I'll feel a bit more sympathy for your argument and for AMD.

      The answers I've heard are: AMD cannot deliver in volume, particularly their high-end stuff. AMD is too unpredictable with their schedules. AMD has too high field failure rates. AMD does not deliver chipsets. Good AMD motherboards are too pricey. AMD mobile CPUs suck power and are inferior overall. Yes, they win the price/performance curve for most of their CPUs. And yes, they win over half of the benchmarks for their desktop CPUs which are very expensive. And they can't provide the same volume discounts because their margins are too small because they are 1-2 years behind Intel in process technology/geometry.

      But will Hector present the complete picture? Hahaha, hell no, his excuse: "hey look at me! The only reason Apple passed on us is because Intel strongarmed them!" Give me a freaking break. This is a cheap PR move. The fact that they are abusing the courts for PR is despicable.

    17. Re:Reverse Logic? by kesuki · · Score: 1

      I was tired, but I'm seeing the point you're trying to make, Intel was able to exert market control to inflate the price of it's products, while forcing the prices of it's competirotrs products lower. I'm still a little sketchy on that one, but if AMD can prove it, more power to them.

      I am Not a financial anylist, but in past years, the flash sector WAS keeping AMD afloat. It's dead weight now, but in the past it was thier CPU unit that was the 'dead weight.' I believe I tried to point out that thier CPU business made a turnaround when the opterons started making inroads into the server market.

      As far as #3 goes, not even Intel builds a fab every year ;) I think it's every 5-10 years, As well as retooling the existing lines, etc. Point is you'd have to build a pretty big fab to be loosing billions a year. (AMD's largest are it's the Dresden plants the second of which is just slated to come online, and cost 2.5 bn euros. the existing dresden plant came online around the time the athlon MPs were released, so around 4 years ago, IIRC) that would be loosing about .5 bn a year, or .17 bn / quarter. they aren't loosing that much, so obviously they don't compeletely ignore the cost fo the fabs, but I think they have, historically, underestimated the cost.

      I Know that intel entered into contracts, and made illegal exclusivity deals. That much is undisputable, and what has always sickened me about Intel. If you're number 1, why do you need to keep your 'competitors' crippled by using contracts etc, when they are licensing your technology! that would be like Ford (hypothetically) say selling Chevrolet it's windshields, and then making a contract with the city of detroit so that no Chevrolet cars could be sold there.

    18. Re:Reverse Logic? by japhmi · · Score: 1

      The only reason Intel can build the fab costs into the chip (if they even do that) is because they're a monopoly

      Uh... the only reason a company is able to include the costs of making a product into the cost of said product is because it's a monopoly? All companies "build in" their production building costs into the cost of the product - or else they'd go out of business.

      --
      "Giving money and power to government is like giving whiskey and car keys to teenage boys" P. J. O'Rourke
    19. Re:Reverse Logic? by periol · · Score: 1

      I'm not talking about production costs. Of course that's a factor in price. However, a company that rolls *future* production costs for *future* products into the *current* price of a *current* product is probably because they're a monopoly.

      Of course there are other reasons why that might happen, but *I* happen to think that in Intel's case, if they weren't a monopoly (or very close to one) they would be unable to roll these *future* production costs into the price.

      I'm actually a bit skeptical that they *do* include future production costs in their pricing. That sounds like a nice excuse for artificially setting the price higher to me.

    20. Re:Reverse Logic? by Shadow99_1 · · Score: 1

      Ok I have to call BS on some of the stuff your talking about:

      1. "AMD cannot deliver in volume, particularly their high-end stuff." They can to OEM's outside of OEM's things are dependant first and foremost on OEM demand. That means if HP decides suddenly they need 10k more chips AMD will give them 10k from the next batch before serving the rest of the market. They have served OEM's fairly high volume for all high-end chips for quite awhile. They may not have the sheer capacity of Intel (1 and soon 2 fabs versus 30), but they have always been able to meet demand if not exceed it for the past 6 years...

      2. "AMD is too unpredictable with their schedules." I've never heard this claim before. I'm also not sure if you mean 'product batch shipment' schedules or 'new product' schedules. Though #1 answered the first and #2 they do as well if not better than Intel.

      3. "AMD has too high field failure rates." This should be tossed with the manure it belongs with. I know alot of small bussinesses that provide computers (not true OEM's) and they regularly say AMD cpu's have lower failure rates than Intel for the last several years...

      4. "Good AMD motherboards are too pricey." Hmm... Gotta say boards within teh same class cost as much on either side of the line (whether AMD or Intel) and most OEM's use fairly cheap designs for AMD systems which use chips such as the ATI Express 200 which are as complete as anything Intel offers in the same market and for a nearly identical price.

      5. "AMD mobile CPUs suck power and are inferior overall." Turion's when tested evenly beat the best Intel 'Centrino' cpu's for battery life. Same goes for Mobile Athlon 64 vs Intel P4. But Intel has had a strangle hold on laptop manufacturers for so long they don't often make systems that are easy to compare fairly between the two.

      6. "And they can't provide the same volume discounts because their margins are too small because they are 1-2 years behind Intel in process technology/geometry." Um What? Have you been smoking something? Well no I know you've been smoking soemthing, so let me take that back... They can't provide volume discounts as deep as Intel for a simple reason: They don't have the revenue to give any bigger discounts. Though they have still offered some huge dicounts before. HP for instance was offered 10,000 cpu's from AMD for free! They only ever ended up requesting about 1500 of their free cpu's. As for 'process technology/geometry' this is an area AMD has stayed even with Intle on or beat them for the last 5 years.

      How about getting more up to date then commenting, 'k? Oh and stop smoking that stuff Intel sends you, that might help to...

      --
      we are all invisible unless we choose otherwise
    21. Re:Reverse Logic? by megalomang · · Score: 1

      Believe what you want about my BS. I am quite comfortable that if Dell and HP both wanted 10K units of the high-end stuff that one of them would be waiting quite some time. Make them 20K each, or more, and you've definitely got capacity problems.

      Turions suck and you know it. They are nowhere near Centrinos, expecially with the latest gen 2.0-2.4 GHz parts Intel is shipping. And they run almost as hot as a desktop. Yeah, the vendors are sabotaging AMD by deliberately making the mobos suck... that makes a lot of sense.

      And AMD is barely on the 90nm bandwagon while Intel is migrating to 65nm. And AMD has "stayed even... or beat them for the last 5 years"??? I may be on weed, but you, my friend are on crack.

    22. Re:Reverse Logic? by japhmi · · Score: 1

      Well, it sounds like good buisness sense to me (build in your future costs so that you have the money to pay for that production facility when you need to build it).

      I'm sure AMD takes into consideration the money they'll need for building facilities when determining minimum chip prices.

      --
      "Giving money and power to government is like giving whiskey and car keys to teenage boys" P. J. O'Rourke
    23. Re:Reverse Logic? by periol · · Score: 1

      with most businesses in the world, it works the other way around. you make an investment, and then recoup those costs with the product you are selling. what business wouldn't like to turn that around and bundle past and future costs into current price? i'm too lazy to look it up, but i'll be willing to bet that AMD operates like most companies - you try to think ahead, but you most likely build facilities through massive infusions of cash or debt that is paid back (or might come with a share of the company (like stockholders).

      the problem is that a free market doesn't usually let you set your own prices, which intel essentially did. when there's true competition, you can't just arbitrarily set the price - instead price is a mixture of what the market will bear (demand) and pricing from other companies (supply).

      that is, unless you're not operating in a free market. like, say, you have a virtual monopoly that allows you to squelch the competition ahead of time, so you can set whatever price you like. sure, it's great for the corporation. not so great for the consumer. and while there are scenarios you can imagine where companies can roll past and future costs together, those are likely to be niche or high-end products, where there's less competition.

    24. Re:Reverse Logic? by Shadow99_1 · · Score: 1

      Uh really I don't see the point in arguing with you since you don't understand your wrong, but I had to differ from what I know to be true...

      Oh though I was off on the number of chips AMD wanted to give HP for free... It was 1,000,000 chips of which HP took 150,000 of.

      Oh and just a note on laptops... Laptop manufacturers definately undercut the AMD systems with lesser hardware in most cases... I'd also comment on power consumption/battery life and provide a link to a good comparison I read a couple days ago, but I can't find the link right now. But suffice it to say in that comparison the AMD laptops did at least as good (& in at least one case lasted 30 minutes longer) than the Centrino laptops.

      --
      we are all invisible unless we choose otherwise
  11. Re:Down with Intel by Neil+Watson · · Score: 5, Insightful

    We need both AMD and Intel in order for innovation and lower prices to remain. If AMD destroys Intel we'll just trade one alleged monopoly for another.

  12. Excessive publication by overshoot · · Score: 3, Interesting
    Yes, theoretically excessive publication [1] waives the normally-absolute priveledge that legal filings enjoy.

    On the other hand, AMD seems to have done this fairly carefully. They haven't repeated the charges so much as called people's attention to the filings themselves. As the proceedings of the courts are a matter of public interest, that's going to be hard to challenge.

    At least, it will be as long as Dr. Ruiz doesn't take Darl McBride as his role model.

    [1] For an extreme example, consider SCOX.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
  13. So that's why I can't get a Dell AMD laptop by WillAffleckUW · · Score: 2, Funny

    that's not too expensive ...

    and I just thought I was searching wrong.

    Figures.

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:So that's why I can't get a Dell AMD laptop by WillAffleckUW · · Score: 1

      as an aside, I bought a TigerDirect AMD laptop right after I posted that, so Intel lost the sale anyway, monopoly or no.

      --
      -- Tigger warning: This post may contain tiggers! --
  14. Digging their own grave by everphilski · · Score: 4, Interesting

    AMD appears to be making a no-holds-barred appeal to the american people and the courts that Intel is bad for them (and by extension, bad for the consumer. Whether that is really true is another story). I find it hard to believe that OEM's are really happy about this. I'm pretty sure that OEM's want to keep a low profile at this point; even if they agree that Intel is using strongarm tactics they will want to wait for the case to progress before they make a stand. I think AMD is digging itself its own grave. AMD is making a stand and is not going to find many allies at its side. As the second article points out, if this suit is unsuccessful, Intel can sue for libel. If they distance themselves from the OEM's, it is very likely the suit will fail.
    -everphilski-

    1. Re:Digging their own grave by reidbold · · Score: 1

      If they distance themselves from the OEM's, it is very likely the suit will fail.

      I don't think it matters so much what they do from here on out, but what they've done over the past few years. I don't think AMD are dummies, I'm sure they think they can win this suit.

      --
      -Reid
    2. Re:Digging their own grave by MynockGuano · · Score: 1

      I think it's a gutsy move. They are practically putting the quality of their product on the line against their entire sector of business (and the legal circus it entertains). While they won't be getting any help from the big players, they are counting on technical merit and the support from its very loyal user base to win out. It would be a major victory if they manage to pull it off, in many respects.

    3. Re:Digging their own grave by darksider415 · · Score: 1

      Personally, I don't think AMD will succeed, and, on top of that, they'll probably be branded as another SCO. I'm not trying to be negative or get flamed. In fact, I prefer AMD, because I believe that a smaller company that innovates is better than a massive one that sits on its laurels. Personally, I don't think that anything will change. AMD is going to remain second in market, Intel's going to wipe the market, and life goes on as usual. The only difference, is that AMD is going to lose marketshare because of this.

      --
      And they wonder why I left Windows.....
    4. Re:Digging their own grave by Egregius · · Score: 1

      On the other hand: using this add they can point out how the public has been paying too much for Intel, and explain away why people associate Intel with quality while AMD is in the shadows.

    5. Re:Digging their own grave by Anonymous Coward · · Score: 0
      AMD appears to be making a no-holds-barred appeal to the american people and the courts that Intel is bad for them (and by extension, bad for the consumer. Whether that is really true is another story). I find it hard to believe that OEM's are really happy about this.
      OEMs love it. The existence of AMD means either (1) cheaper AMD processors to use or (2) good deals from Intel to keep them from defecting. Dell would put the Distilled Essence of Satan on its motherboards if it was cheap and could compute.
      I'm pretty sure that OEM's want to keep a low profile at this point; even if they agree that Intel is using strongarm tactics they will want to wait for the case to progress before they make a stand.
      OEMs are going to continue doing what they have been doing: playing both sides. They'll play reluctant and act like they're being dragged into court, then spill just enough beans to keep Intel dancing. "It wasn't our fault. The subpoena made us do it <mumble>you thieving bastards</mumble>."
      As the second article points out, if this suit is unsuccessful, Intel can sue for libel.
      Libel suits are difficult, especially regarding a lawsuit filing that is clearly a statement of opinion not fact, and especially especially when it would give AMD the opportunity for an unlimited fishing expedition to refute the libel.
  15. Re:Down with Intel by Gogo0 · · Score: 1

    Do you honestly believe that if AMD had an inferior product, they wouldnt spin their ads to make it seem better?
    Its advertising, get over it.

    MythTV skips over these commercials you speak of, and if you dont have a Tivo/MythTV/ReplayTV then you can simply mute the television it like I do.

    In stead of watching the commercials over and over... dont.

  16. Re:AMD files lawsuit against Intel... by Soul-Burn666 · · Score: 1, Funny

    And in the United States too...

    But who will think of soviet russia?

    --
    ^_^
  17. Re:Down with Intel (Or down with AMD?) by everphilski · · Score: 1

    If the suit fails it is likely that it will be down with AMD. Intel can sue for libel; with such a small market share it is uncertain how much money AMD can cough up. And with a shaken reputation if they do lose, and if Intel does successfully sue for libel... they may not be around much longer.
    -everphilski-

  18. no pictures? by Anonymous Coward · · Score: 2, Funny

    What? No pictures of AMDs supposedly cool new case? How will I decide if I'm gonna buy it?

  19. I don't think AMD is going anywhere anytime soon. by kc32 · · Score: 1

    AMD still has the 1337ness card to play.

  20. Apple? by delta_avi_delta · · Score: 3, Interesting

    I wonder if this has anything to do with Apple choosing Intel. It seems that AMD are very jittery lately, just as everyone who's in the know is touting their chips as superior. I mean, who's using whose x64 implementation? What are they so worried about?

    1. Re:Apple? by Rylz · · Score: 1

      What are they so worried about?

      They're worried about consumers like my dad, who refuses to get any computer with an AMD chip because he is convinced that higher clock speeds for P4s means that they are superior to anything made by AMD. People like him, who are above average in computer literacy (and by above average I mean knowing what GHz measures), but who are not quite nerds, are very likely to think the same thing.

      --
      Sometimes you've gotta roll the hard six.
  21. Re:Down with Intel by Anonymous Coward · · Score: 1, Insightful

    It's ridiculous fanboydom like this that makes reading comments too early sickening.

    What's best for the consumer is not Intel's death. Intel goign bankrupt will be about as good for anyone as AMD going bankrupt. After all, we can safely assume that Intel's demise would leave AMD as the only major x86 chip maker, and hence give AMD a monopoly over that segment of the processor market.

    What promotes growth is competition, both to drive down market prices and provide incentive for innovation and continual progress. Competition is a good thing. Monopolies, whether they were the underdog or not, whether they were evil or not, are bad. With a monopoly, everyone suffers except for the few top brass in the company.

  22. Not taking a stand yet by GauteL · · Score: 3, Insightful

    I've always liked AMD processors, because of better performance/price ratios. My last one was an AMD Athlon XP 2000+ or something like that.

    Still I think it is a good idea to reserve judgement until all facts are on the table. I would not slam AMD for going to the courts, and I wouldn't slam Intel until we know if AMD's allegations are actually true.

    However, know that AMD is NOT a small company. It is in fact a massive multinational company. This is not a David vs. Goliath, it is a giant against an even bigger giant.

    1. Re:Not taking a stand yet by OverlordQ · · Score: 1

      Hey! Somebody send an email off to IBM to get them in the game for some Giant v Giant v Big Ass Gorilla action.

      --
      Your hair look like poop, Bob! - Wanker.
    2. Re:Not taking a stand yet by Khuffie · · Score: 1

      That is like saying Apple is not a small company, but a giant against another bigger giant. But lets face it: Microsoft dwarfs Apple, and Intel dwarfs AMD.

    3. Re:Not taking a stand yet by ipjohnson · · Score: 1

      "some Giant v Giant v Big Ass Gorilla action" I saw this on a web site one time ..... trust me you don't want to see it.

  23. Read the complaint by jpetts · · Score: 4, Informative

    In the complaint filed by AMD you will see that Intel KK actually DOES ADMIT that on several occasions complaints brought under the JFTC were actually true. This is NOT SCO-like tactics. It is demonstrable fact.

    --
    Call me old fashioned, but I like a dump to be as memorable as it is devastating - Bender
  24. +1 Funny by Luthair · · Score: 1

    NT

  25. Re:me too me too! by what+about · · Score: 2, Insightful

    Yes, if your competitor uses a monopoly position to crush you.

    Is it the case with you ?

  26. AMD's gonna go to jail by blair1q · · Score: 0, Troll

    Intel, in the interest of not riling the FTC, has been treating AMD with kid gloves, allowing it considerable leeway in infringing on proprietary technology and conducting anticompetitive practices itself.

    I suspect with this petulant outburst AMD has obviated any sense at the FTC that it needs protecting.

    Intel is going to lay into AMD like a pissed-off mom finally going ballistic at her second husband's spoiled children.

    1. Re:AMD's gonna go to jail by WidescreenFreak · · Score: 1

      Oh, and that's NOT going to raise some eyebrows at the FTC????

      --
      The Overrated mod is for reversing inappropriate, positive mods, not for voicing disagreement with a post.
    2. Re:AMD's gonna go to jail by Phillyboy82 · · Score: 2, Informative

      Infringing on proprietary technology? They do considerable cross-licensing ,which by this news report states that "their deal since 1976" will be continuing until 2011. And what are these anti-competitive practices you speak of? Sounds like someones fishing....

    3. Re:AMD's gonna go to jail by NaruVonWilkins · · Score: 1

      Got any examples that aren't easily countered by those who know what they're talking about, or are you just trolling?

    4. Re:AMD's gonna go to jail by blair1q · · Score: 1

      1. The cross-licensing is insufficient to cover the total use of Intel's technology, and Intel has always known it.

      2. Getting the entire nation of Germany to build you a fab is anti-competitive in Germany. And only one example.

      Now sit down and shut up.

  27. Re:AMD files lawsuit against Intel... by mcc · · Score: 1

    Soviet Russia will think of ... itself

  28. AMD starting to behave like SCO? by Stumbles · · Score: 1

    Well in my not so legal opinon since IANAL, I think AMD has some standing with their suit. However, I do think they are headed down the wrong track by trying to involve the public. It's always been my impression when you have an active law suit going you keep your mouth shut. AMD should take lessons from IBM on how to properly handle the public relations aspect of a law suit.

    --
    My karma is not a Chameleon.
    1. Re:AMD starting to behave like SCO? by Anonymous Coward · · Score: 0

      Why? IBM is a much larger multinational than AMD is, and is basically the Goliath in SCOvIBM. Your comments are basically as stupid as suggesting that no one draw public interest to Microsoft's anti-trust violations in the '90s. If you draw public attention to something like this, it becomes all the more difficult for it to just disappear through underhanded means.

      Regardless of the turnout in court at least the public can be made aware of the business practices Intel makes use of. It becomes part of their image for people that didn't know that Intel was acting so blatantly monopolistic.

      It also helps create a "buzz" around AMD's products as well as a smokescreen that could help AMD's sales with OEMs, if they feel that they've basically been given a free pass to give Intel the finger because retribution from Intel at this point just becomes more evidence in court.

      This has no fucking parallel at all with SCO claiming copyright violations but never saying where to pump their stock and attempt to make IBM do a buyout. AMD is more than willing to say where Intel has been a bad little boy.

    2. Re:AMD starting to behave like SCO? by NaruVonWilkins · · Score: 1

      Actually... they're not saying anything that's not in the publicly filed lawsuit.

    3. Re:AMD starting to behave like SCO? by Nom+du+Keyboard · · Score: 1
      headed down the wrong track by trying to involve the public. It's always been my impression when you have an active law suit going you keep your mouth shut. AMD should take lessons from IBM on how to properly handle the public relations aspect of a law suit.

      AMD needs the public. Unlike IBM where mainframe purchase decisions are made by I.T. management, the public buys personal computers. AMD needs the public to feel screwed and demand that Dell sell them AMD-powered PCs at a good price.

      Dell says their customers aren't demanding AMD PC's. More likely, Dell is doing everything in their power to not listen to their customers.

      What you buy at home soon becomes what you demand at work at well. AMD needs the public to turn the tide.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  29. Re:AMD files lawsuit against Intel... by youknowmewell · · Score: 1

    I hear that old Koreans seem to care deeply for soviet Russia...

  30. Re:Going to the press by tomstdenis · · Score: 4, Interesting

    Well I don't know the reasoning but let's examine some facts

    1. Leading Intel solutions [P4] are worse performers than the AMD32 and AMD64 [the P3 was better than the P4]. The PentiumM is a good runner but the recent AMD processors still take less power and get higher IPCs

    2. AMD owns the 64-bit x86 world.

    3. The future will be either x86_64 or not x86_* at all.

    4. AMD processors are just as reliable and often more so as they generate less heat. Even a two year old AMD Athlon XP-M 2400+ 1.8Ghz generates comparable heat to a NEW Intel Celeron 1.4Ghz [both Presarios] and have the same battery life.

    5. AMD processors cost less.

    6. AMD processors are x86_* compatible.

    So coupled with all these facts why would you go with Intel? I seriously doubt it has to do with a technical advantage [specially in the SMP world].

    Even the advertising isn't that important as the average computer buyer doesn't really know the difference anyways [hint: Intel commercials are not educational].

    So a customer given fair pricing points is probably equally likely to buy an AMD box over an Intel box.

    That is, if you had two beige boxes, with identical ram, video, monitor, disk, peripherals and cost you'd probably sell 50% AMD and 50% Intel if you just let the customer pick.

    Yet, intel gets more share.

    If you think companies like Dell and their "Intel only" sales don't affect marketshare you're a fairly stupid fellow.

    But why doesn't Dell sell AMD processors? I doubt it's for technical reasons. They're by and large equally difficult to tech-support as well [I mean really how much tech support do they give for the processor anyways?].

    It can't be for pricing reasons because they both RETAIL [I know Dell probably gets discounts which is part of the anti-trust as well] differently in favour of AMD.

    Could it be Dell just doesn't want to sell AMD? What does it matter? It gives their customers more choice and more product to sell.

    I wonder if it could be that Intel threatens to pull the plug if they include AMD lineups... geez...

    That's the whole point. anti-competition means no free market. Dell should be free to buy both AMD and Intel without penalty and let the market decide what product they want.

    Right now unless Dell wants to drop their ENTIRE Intel line [which they have marketted extensively] they're totally screwed.

    Personally I find it funny. I bought an Athlon X2 4200+ [dual core 2.2Ghz, 2x128KB L1, 2x512KB L2] with a new mobo, GeForce6600 PCI-E card and tax for roughly 1300$.

    At the same store the cheapest dual P4 with EM64T cost 1460$ before tax [all prices in CAD].

    I'm positive that on all non-DMA tasks my AMDx2 setup will smoke the P4 setup and still cost a 700$ less [the X2 cost me 742$ or so].

    Why would a store selling a "gamer box" want to pack a dual-core Intel in there? It doubles the cost of the cpu and gets you a slower box [==less happy customer].

    But that's EXACTLY WHAT DELL DOES!!!!

    Tom

    --
    Someday, I'll have a real sig.
  31. Re:Down with Intel by Spy+der+Mann · · Score: 4, Interesting

    I'm tired of seeing these Dell commercials advertising P4's like they're some Godly device brought to us for beastly processing.

    I agree with this. I live in Mexico, and I recently heard a radio commercial advertising intel, with a nationwide famous comedian doing the following dramatization:

    "What? Oh no, I can't believe it! The CPU my machine came with... is not Intel! What am I gonna do? My job, my kids' homeworks, why, why!! Why it's not intel!!"

    (interpret as: non-intel CPU's are a scam)

    After reading several independent tech reports showing how AMD beats the crap out of intel CPU's, I feel so offended when these commercials appear. I mean, commercials should talk about how good your processor is, not how bad the competition's processors are.

    This is particularly important here in Mexico City, where a great percentage of computers are custom-made, and AMD's marketshare is not that insignificant.

  32. Re:Going to the press by PsychicX · · Score: 1

    I don't think AMD is planning to win that much. We all know perfectly well (*cough* MS) that anti trust suits don't do anything. I think AMD wants the world to sit up and take notice that they're being squashed, despite their better technology.

    In short, they should probably just fire their entire marketing department; the lawyers are doing a better job.

  33. Re:me too me too! by DogDude · · Score: 1

    Hi, I own a small software company (http://www.dreamsyssoft.com/), can I sue my competitors for doing well too????

    It would seem so... especially since the /. fanboys apparently are *all* experts in anti-trust law. It seems that your competitor doesn't even have to have a monopoly any more. All you have to prove is that they're doing better than you, and the gov't will punish. We saw them to it to MS, we'll see them do it to Intel.

    --
    I don't respond to AC's.
  34. Re:Down with Intel (Or down with AMD?) by saider · · Score: 1

    AMD has plenty of other business besides PC microprocessors. This is just the most high profile business.

    --


    Remember, You are unique...just like everyone else.
  35. Re:me too me too! by Anonymous Coward · · Score: 0

    Hi, I post on Slashdot, but unlike you, I wasn't born yesterday. Remember when Intel sued the crap out of AMD because they started to cut into their marketshare? No, I guess you don't.

  36. Maybe, maybe not. Probably not. by cbreaker · · Score: 3, Informative

    AMD has a pretty big market. They have facilities worth billions, they have thousands of employees, and they sell a crap load of processors and other chips. They're not exactly a desperate company.

    But if something like this DID happens (meaning, if Intel did strong-arm the PC makers) would you expect the competition to sit back and take it?

    If you were looking for a job, and someone came in and said "if you hire this other guy, we'll give him to you for half price, but if you hire THIS guy, we'll charge you twice for any future people" you'd be pretty hurting. And you'd probably sue. I would.

    --
    - It's not the Macs I hate. It's Digg users. -
  37. Re:Down with Intel by devphaeton · · Score: 1

    Yay! Now we're one step closer to AMD destroying Intel. I'm tired of seeing these Dell commercials advertising P4's like they're some Godly device brought to us for beastly processing.

    Agreed that Pentium 4's are unimpressive, but Intel doesn't just make processors.

    --


    do() || do_not(); // try();
  38. Not to go off subject, but... by Anonymous Coward · · Score: 0

    So how long before someone goes after Ticketmaster with THEIR monopoly and their OUTRAGEOUS prices? They have much more of a monopoly than Intel...

  39. AMD's Brand by webteeth · · Score: 0, Interesting

    AMD's action to attempt to make the public aware of Intel's actions may lead to increased awareness for AMD's brand, but brand awareness is definitely not the same thing as an actual "brand".

    A brand is essentially how a company is perceived by the public, and if a brand does not have a good image, awareness will only lead to a speedy death. Starbucks, Apple, Harley Davidson and Google have excellent brands which contribute to the factors that make them successful. Dell built trust with customers and created a good image for themselves and now they are producing the most computers out of all the computer manufacturers in North America.

    I didn't read the article, but what AMD has to do is decrease public trust in Intel and increase public trust in their brand, which may be difficult for them to do.

    1. Re:AMD's Brand by coolGuyZak · · Score: 1

      How do you expect AMD to do that, without alerting the public to Intel's ill dealings? It seems that they are tring to A) Get in on the OEM market, and B) Alert the public at the same time. Besides... the public doesn't take too well to corrupt corporations (even if the gov't does).

  40. For the odd chance ... by ccozan · · Score: 0, Offtopic
  41. Re:Down with Intel (Or down with AMD?) by praksys · · Score: 2, Informative

    I suspect that AMD's lawyers have told them that they can't be sued for libel even if they lose. You can't sue for libel or slander for statements made in court, or in court documents. If AMD just told people to go read the court documents, and didn't actually repeat the potentially libelous claims in those documents, then they can't be touched.

  42. Re:Down with Intel by m50d · · Score: 1

    AMD doesn't have the capacity to fill the whole market demand. Getting rid of Intel might well mean the smaller players like VIA became competitive.

    --
    I am trolling
  43. Re:Down with Intel (Or down with AMD?) by str8 · · Score: 2, Interesting

    AMD does have other product lines but the most profitable is flash. They just spun that business off. Sounds like they are trying to protect it from the possible liability from this stunt.
    Just my $.02

    Psst. Hey buddy, can you spare a .sig?

  44. Oi! by kahei · · Score: 1


    You! Back under your bridge NOW!

    --
    Whence? Hence. Whither? Thither.
  45. I agree 100% by Anonymous Coward · · Score: 0

    So-called "anti-trust" lawsuits stifle innovation. How can Intel be expected to come out with great products if it is not guaranteed to be allowed to do anything to stay on top? We have to stop socialist liberal Democrat companies like AMD from abusing our legal system to push their communist special interests.

    1. Re:I agree 100% by SteveXE · · Score: 1

      What? So your saying because Intel threatened to punish companies for going with AMD for some of their systems, that makes AMD communist when they fight back? Was this a sad attempt at humor or are you just clueless?

    2. Re:I agree 100% by derEikopf · · Score: 1

      Intel has every right to "punish" its customers...wouldn't that make you happy anyway? How good will business be if Intel punishes its customers (yet you yell and scream about the RIAA punishing its customers).

      Intel did not drag the government into the picture, so what it did was not "communist", but capitalist. AMD is using the government to gain market, and that is not capitalistic...that is pushing the line of fascism.

    3. Re:I agree 100% by SteveXE · · Score: 1

      But if this was Microsoft and not Intel it would be ok. Unfair buisness practice is exactly that and we have laws to prevent it. These laws dont seem to work very well anymore but if AMD does in fact win then its proof that Intel broke these laws.

  46. Sounds Like SCO Tactics by Darth+Daver · · Score: 1

    Legislate instead of compete, and try this in the court of public opinion. I thought AMD was gainng market share and making a comeback. Are they so worried about their finances and roadmap that they must resort to this. There may have been a time this case had merit, but everyone except Dell (and Apple) is shipping AMD systems. How effectively did Intel "coerce" these vendors for that to happen? Sounds like AMD is worried about slipping in the near future so they want to cement their gains by using these unsavory tactics.

    1. Re:Sounds Like SCO Tactics by coolGuyZak · · Score: 1
      1) Read the complaint. While it was written by AMD, and thus has bias, it is far from a fair deal.
      2) AMD's strategy seems to revolve around breaking into the OEM market, which they laregly lack. They have been competing in the same market as Intel for over 10 years...
      3) Even with far superior products, they still havn't been able to touch the OEMs, or most server manufacturers.

      As far as unsavory tactics are concerned: not all litigation is bad litigation. There are times when it is fully justified, particularly in the case of an anti-trust suit. Such things arn't thrown around lightly. They're hard to prove & thus quite expensive.

    2. Re:Sounds Like SCO Tactics by IKillYou · · Score: 1

      Yes, this is just what this discussion needed: a simple-mided post drawing a connection between SCO and AMD. Did you read the complaint? Did you RTF, or any of AMD's statements? Do you make a habit of commenting without knowing anything about the topic at hand?

      "I thought AMD was gainng market share and making a comeback."

      Great point! So, because AMD is occasionally making a profit, we can conclude that this lawsuit is baseless. Brilliant!

      "There may have been a time this case had merit, but everyone except Dell (and Apple) is shipping AMD systems."

      Another great point! The fact that companies are trying to sell AMD's system PROVES that they aren't being pressured or threatened by Intel. And obviously it doesn't matter the executives of some of these companies are plainly stating that Intel has been plying them for years with threats, kickbacks, and payoffs!

      "Sounds like AMD is worried about slipping in the near future so they want to cement their gains by using these unsavory tactics."

      Yes, your analysis has really cleared up this messy little situation for us. You should email your thoughts to Forbes and the tech journals, in case they haven't thought of the "AMD is just trying to hedge against future uncertainty" angle.

  47. A couple thoughts by suitepotato · · Score: 5, Interesting

    First, the Apple card is irrellevant. That is more a function of Jobs continuing to limit what is a pretty easily portable OS to ONE architecture and I don't mean the CPU, I mean the motherboard and BIOS. If Jobs would finally get it through his head that Microsoft continuously kick's Apple's arse for, among other reasons, the fact that Apple refuses to position themselves as a software/OS company and tries to straddle the line, which Microsoft has carefully tried to avoid doing since forever. OSX is a good product and it is that which should be driving them. They'd go a lot farther if they went over to the PC hardware side with it. Imagine OSX on a quad 64 bit dual core Opteron SMP board. You can do it with Linux, Windows, BSD, etc. Not OSX because Jobs can never admit he has ever been short of perfectly omnisciently right.

    Second, AMD is in no danger of having a sizeable portion of their market taken by Intel and instead AMD has been making inroads into Intel's area with server class CPU offerings and the mobo makers have been making boards for them right along. For instance, that quad 64 bit dual core Opteron SMP board I mentioned above. I'd gladly buy one of these... if I won the lottery.

    Third, yes, Intel should NOT be strong-arming anyone and they deserve to be rebuked by the courts for it, but it should be a criminal anti-trust slap and not a civil court slap as it looks more like vindictiveness and victimhood whinyness. "Look at us at AMD not getting enough of Intel's market because Intel is daring to defend themselves through unfair practices! Someone punish Intel for us so we can eat more of the market share!" Yes, I know that this administration isn't likely to do it, and a liberal Democrat administration would do it for politics sake so there's no real morally neutral enforcing the law angle there, sadly. Ideally, we'd need a business-friendly Republican administration to say, "okay, this is just wrong and you need to be called on the carpet for it." I ain't holding my breath so I guess civil court is the only recourse, again, sadly.

    AMD already has the paranoid (and hypocritical) anti-corporate geek brigades behind it and has for a long time now. FUD based nonsense hate of Intel for ruling the market of a chipset they pioneered in the first place? Perfectly acceptable. Love of AMD despite them being also a big company? Perfectly acceptable. (Reminds me of the Google thing despite their lack of Linux support) I take all this with a grain of salt. On the merits, I find just the tactics bother me, not that they are actually trying to defend their market share. If AMD had pull themselves, I have ZERO doubt they'd do it themselves.

    I'd be happiest if both of them combined all their instruction sets and promulgated a new baseline X86 instruction set. If NEC, Motorola, etc all made compatible chips and the mobo makers made boards for them, it would be better for the consumers' bottom line. Adhering to standards though would be the single most important thing so as not to fark the users and cause all sorts of unavoidable code forking. I don't need sixteen different Windows and Linux builds per type of either, ie, I don't need sixteen different FC4 builds due to processor differences...

    --
    If my grammar and spelling are off, I am [distracted/tired/careless] (take your pick)
    1. Re:A couple thoughts by 99BottlesOfBeerInMyF · · Score: 1

      If Jobs would finally get it through his head that Microsoft continuously kick's Apple's arse for, among other reasons, the fact that Apple refuses to position themselves as a software/OS company and tries to straddle the line, which Microsoft has carefully tried to avoid doing since forever.

      Step 1: Apple sells OS X for x86, and calls up all the major PC OEMs to sell it.

      Step 2: Dell tentatively agrees to sell it as do a dozen other companies.

      Step 3: Microsoft calls OEMs and threatens to remove their special OEM discount on Windows if they sell OS X as well. Or, they enforce existing contracts that require them to pay for Windows licenses for machines shipped without it (note this has happened in the past for mac sales through retailers).

      Step 4: Every major OEM capitulates because it is too risky to bet their entire company on people switching to buy Apple software from them and having all of their machines a hundred and fifty bucks more expensive than all their competitors would definitely put them out of the running to sell Windows machines.

      Step 5: Smaller OEMs do buy OS X and bundle it on bargain basement PCs devastating sales of macs and 50%+ of Apple's revenue. Since the PC market is dominated by a few large OEMs, this will do nothing to increase Apple's market share.

      Step 6: Apple introduces it's new CEO who implements the layoffs and tries to restore Apple to it's previous profitability.

      That sounds like a sound business plan to me, I wonder why Jobs is having such a hard time selling it to the investors?

    2. Re:A couple thoughts by coolGuyZak · · Score: 1
      Third, yes, Intel should NOT be strong-arming anyone and they deserve to be rebuked by the courts for it, but it should be a criminal anti-trust slap and not a civil court slap as it looks more like vindictiveness and victimhood whinyness

      Criminal charges are due to committing an offense against a state. Last I checked, AMD wasn't one. Sure, AMD can attempt to convince the DOJ to take up the reins... but it may be better for them to get a civil infraction on the books first.

    3. Re:A couple thoughts by dajak · · Score: 1

      Second, AMD is in no danger of having a sizeable portion of their market taken by Intel and instead AMD has been making inroads into Intel's area with server class CPU offerings and the mobo makers have been making boards for them right along.

      AMD is in a good position to take marketshare with their current line of processors, if only they can get the attention of corporate and generally non-geek consumers and dissuade Intel from predatory practices for some time. AMD goes to court now because they feel strong enough to pull it off. The big OEMs will not immediately join AMD's side, but AMD may not need them to prove its case.

      Interestingly, AMD never mentions any mobo, memory, or chipset makers in its complaint. AMD will have supporters in that corner, and they have less reason of being afraid of Intel.

    4. Re:A couple thoughts by ediron2 · · Score: 1

      I agree the apple/jobs commentary is off-topic, but you're nuts to think apple should relenquish hardware control. Controlling both hardware and software is what makes everyday users into Apple fanatics: their systems earn stellar satisfaction ratings from users largely because of deep control of hardware/software integration issues.

      Apple's BSD underpinnings and rumblings of positive developer feedback on their platform for intel portability is icing on the cake, in my book. Their hardware and software single-source nature is a *feature* for me, not a bug.

      Heck, save your money, buy something else. But after never having bought an Apple in my 28 years of being a computer nerd, I'm buying 2 for home use in the next year. My job'll still make me do PC stuff. But at home, I'm done with the wintel rat-race. My time is worth more...

    5. Re:A couple thoughts by Anonymous Coward · · Score: 0

      Geez you're not a very smart cookie are you?

      OS X is so great, because it only has to support limited hardware, and therefore can do so excellently.

      Yes Intel CPU's are shit these days, and yes, Apple should have signed up with AMD, but to have OS X on a whitebox would be fucking stupid++

  48. Re:Down with Intel (Or down with AMD?) by Sj0 · · Score: 1

    With such a small market share, it's unlikely that Intel can sue for libel. I mean, what are they going to say? "No! Even though we did engage in the practices they're accusing us of, and even though we aren't selling 10x more products just because of our good looks and charm, and even though AMD has put out a comperable, even superior product for the better part of a decade, there is NO TRUTH to these allegations!"

    --
    It's been a long time.
  49. Seriously by HeliumHigh · · Score: 1

    Seriously, this is a good thing. I'm sick of people playing monopoly instead of making better products. I love AMD chips. I say more power to them!

    Now, how do we go about suing Microsoft (again)? I don't want just media player gone, I want MSN Explorer (Yes, it is included on defualt XP installs) IE, and Outlook off the next version of XP/Longhorn (when it comes out).
    I'm sick and disgusted with the quality of computing now days. It needs to change.

  50. All about laptop processors... by irritating+environme · · Score: 1

    Apple is nothing.

    There was an article recently that notebooks finally passed PCs in sales. Intel's lockout of AMD is particularly strong in the laptop market, where there are practically no vendors for AMD mobile processors, despite the lower clock and power requirements of the AMD platform relative to the P4 (the Pentium M only recently changed the performance equation there, although it appears that the Pentium M is mostly equivalent to the Athlon architecture clock-for-clock for power consumption).

    Futhermore, AMD has gross advantages in speed, and is poised to dominate the desktop and server market if they can just get Intel to back off. If anything, this suit is a stun punch, which will get Intel to stop behaving in an anticompetitive manner while the spotlight is on. If AMD can keep attention on the situation, they can crack into a few major vendors, and if they can get to 30-40% shipment share in several major server vendors, a real possibility with their kick-ass Opteron platforms, then Intel's monopoly may be a moot point.

    --


    Hey, I'm just your average shit and piss factory.
    1. Re:All about laptop processors... by stuuf · · Score: 1
      this suit is a stun punch, which will get Intel to stop behaving in an anticompetitive manner while the spotlight is on. If AMD can keep attention on the situation, they can crack into a few major vendors

      This is what I think will happen at the end of this. Intel won't be forced to stop building or shipping processors, and any amount of fines or damages to AMD is unlikely to hurt them, since they can already afford to dump billions of dollars into OEMs in the form of rebates, "market development funds," bribes, whatever. What will happen is that Intel will be forced to stop their discriminatory discount programs, which will open the door for OEMs to build more AMD-based systems. And the WILL build them. Each time starts selling an AMD system, they sell very well; most of the products were pulled because the Intel rebates stopped. It will be interesting to see what happens to consumer PC prices and smaller OEMs. As it is now, competition has driven prices (and margins) dangerously low, and the only thing keeping OEMs profitable in some cases is the Intel money. If Intel completely stops most of their rebates, Dell, HP, and IBM will still have high-margin server lines to fall back on, but smaller desktop-only makers may be forced to raise prices or close. It depends on how far processor prices fall after Intel's monopoly is taken away. I don't think we will see any significant competition for Intel from anyone other than AMD. Given the size of the x86 market (AMD quotes it as 200M/year) a startup would need a HUGE amount of capital to quickly start delivering chips in volumes the market needs. Via is probably the only company with the chip designs and manufacturing partners to come anywhere close. But, what do I know? I'm not a lawyer (my father is); I'm just a kid who follows the technology industry in my spare time. For the record, I'm using a now-discontinued emachines/mobile A64.

      --

      Everyone is born right-handed; only the greatest overcome it

  51. Not even excessive publication by TheConfusedOne · · Score: 1

    The problem that Mr. McBride got into was that he was running around shouting "we've got proof", "MIT mathematicians", "millions of lines of code", and other choice phrases.

    This certainly made SCO's statements about needing to do more discovery to levy/prove their charges ring hollow. IBM kept saying if it's a copyright infringement then identify the infringing code. SCO never did.

    So, talking to the public shouldn't prejudice the case any they just have to be careful not to have their words thrown back at them in court.

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
  52. Re:Down with Intel (Or down with AMD?) by everphilski · · Score: 1

    You obviously didn't RTFA, or any newspapers this morning that ran the ad....

    "You may not be aware, but Intel's illegal actions hurt consumers -- everyday," read the ad, which mostly is a 350-word letter from AMD chief Hector Ruiz. "Computer buyers pay higher prices inflated by Intel's monopoly profits."

    The ad claims Intel is a monopoly. It says that Intel engages in illegal activities. If Intel is found innocent in the suit, that ad can be considered libel. Consider what else the author of the article has to say:

    At the same time, these antics may force AMD into a precarious legal act. If the company's suit were unsuccessful in court, there would be no penalty against AMD. But when it makes those allegations in a public forum, it potentially bears itself to a libel suit from Intel.

    "Is this a lawsuit or a publicity stunt?" said Gartner analyst Martin Reynolds. "This is going to make the lawsuit a little less easier to run with... The judge is going to wonder why was being tried in the court of public opinion before it comes to him."

    -everphilski-

  53. Lawsuits over Innovation by Anonymous Coward · · Score: 0
    It used to be that the underdog could rise to the top by making better quality products. However, short of that, some companies prefer Better Living Through Litigation.

    If AMD made a product that was of interest to anyone but the kids overclocking in their mom's basement...

    1. Re:Lawsuits over Innovation by Silpheed · · Score: 2, Interesting

      And Intel remains on top by the virtue of their products alone...? If both companies relied on just the quality of their products, the market percentages would definately be different.

    2. Re:Lawsuits over Innovation by aztracker1 · · Score: 1

      This is why Intel dealings keep AMD out of the server market, where the Opteron is a *FAR* superior CPU and architechure (especially in SMP environments), than Intel's XEON is...

      This is why they have a hard time cracking into the low-end desktop market, considering their price/performance far exceeds Intel..

      No, it's intel's strong arm tactics that keep things where they are, not fair competition.. Try actually *READING* the article instead of making your sweeping assumptions.

      --
      Michael J. Ryan - tracker1.info
  54. Re:me too me too! by DigitumDei · · Score: 1, Interesting

    How about if his competitor has 80% of the market and threatens major supliers if they use the competitors products?

    Intel apply things like retroactive incentives (ie we'll give you money back later if you have been good). From one article where they nailed HP: "When AMD succeeded in getting on the HP retail roadmap for mobile computers, and its products sold well, Intel responded by withholding HP's fourth quarter 2004 rebate check and refusing to waive HP's failure to achieve its targeted rebate goal; it allowed HP to make up the shortfall in succeeding quarters by promising Intel at least 90% of HP's mainstream retail business."

    Also, the Clayton Antitrust Act includes "sales on the condition that the buyer not deal with the seller's competitors. (Section 3)". AMD can quite easily claim that Intel is enforcing vendor lock-in, another major part of anti-trust law.

  55. Re:Going to the press by anandrajan · · Score: 1

    So coupled with all these facts why would you go with Intel? I seriously doubt it has to do with a technical advantage [specially in the SMP world].

    Three reasons: i) chipsets, ii) motherboards and iii) overall case, power supply combo

    Supermicro makes fantastic Intel motherboards and cases/power supply combos to go with the motherboards. If I wanted a 1U linux server, I ask my favorite vendor what he would recommend and he invariably finds a Supermicro product that fits like a glove. I cannot find a similar supplier for AMD CPUs.

    --
    Anand Rangarajan anand@cise.ufl.edu
  56. Re:Down with Intel by kullenwulf · · Score: 3, Interesting

    I work for a medium sized OEM in the southeast USA... Intel pushes us hard to keep AMD off the shelf, but we still sell quite a few (20%+) AMD systems, because those that use them know that they are typically superior products. AMD offers little in the marketing arena, as opposed to Intel's mammoth marketing fund, but still the AMD line grows daily. I don't think that the "down with Intel!!!" crowd has it right, but I won't run Intel gear on my systems either...there has to be balance between innovation and speed, speed and reliability, reliability and cost. Intel needs to rethink it's 80's era IBMesque strategy.

  57. Re:Going to the mat by Anonymous Coward · · Score: 1, Insightful

    1. Leading Intel solutions [P4] are worse performers than the AMD32 and AMD64 [the P3 was better than the P4]. The PentiumM is a good runner but the recent AMD processors still take less power and get higher IPCs

    FACT: The Pentium M is only competing with the Athlon64 in the mobile market, where battery life is king. If you look a the battery life benchamrks, you'll see why people buy Intel there...perfomance means less for most mobile users.

    2. AMD owns the 64-bit x86 world.

    FACT: Intel has sold more 64-bit enabled Pentium4 processors in the last year than AMD has ever shipped. On what basis do you declare "own?"

    3. The future will be either x86_64 or not x86_* at all.

    Since Intel has equipped low-end Celerons with this feature, I would agree...

    4. AMD processors are just as reliable and often more so as they generate less heat. Even a two year old AMD Athlon XP-M 2400+ 1.8Ghz generates comparable heat to a NEW Intel Celeron 1.4Ghz [both Presarios] and have the same battery life.


    Apple to apples, please: Celeron is a low-budget part, so it has many of the power-saving features disabled. (They're available in the Pentium M part...which is lower heat...)

    5. AMD processors cost less.


    Pentium4 XE 840: $999 (in volume) Athlon X2 4800+: $1137 (in volume)

    6. AMD processors are x86_* compatible.


    Or people wouldn't buy them at all.

    What everyone fails to realize is that market share has very little to do with technical superiority and a lot more to do with the ability of a company to match the demands of its customers (OEMs). If you have a solid supply chain for volume parts, you will have more customers than someone who can only supply what those customers needs today. They need you to be able to scale with their growth. It makes sense to choose one or the other, since maintaining two identical competing products complicates your supply chain, and one is almost certain not to seel in favor of the other. Technical superiority only plays a part when one product is better than another by a VERY significant margin (and we all know how fickle benchmarks can be...) Until that happens, keeping with teh same supplier makes sense. So why is Intel ahead? They can push out more wafers than any other chip manufacturer, which leads to lower manufacturing costs, which allows them to match their customer's needs, and rake in the big profits.

    And that's the way it supposed to work.

  58. Anti Antics by Doc+Ruby · · Score: 1

    How is publishing a public complaint, to be argued in a public court, "antics"? Kez sounds like a lawyer who doesn't want the public, which pays for the justice system, to do anything but pay the bills, and live with the results. The old system of "public notices" of court actions published in newspapers is quaint, but essential. Especially in producing a public record not directly controlled by the government. Maybe we should all just keep our eyes down, while the experts take care of us?

    --

    --
    make install -not war

  59. Re:Going to the press by Anonymous Coward · · Score: 1, Insightful

    There is a valid technical (and financial) reason for buying Intel. Its called a chipset. Intel markets chipsets supporting their CPUs. AMD, in general doesn't. As a result, people like Dell go for the package deal CPU and chipset. They don't have to depend on a third party to create motherboard support. I think, this more than anything else, was responsible for Apple's decision to go with Intel. One stop shopping, chipset and CPU, from the same manufacturer.

  60. AMD has nothing to lose... by dtjohnson · · Score: 1

    AMD is not going to lose any customers by doing all of the legal stuff and they might actually win some money in settlements and free publicity. AMD should have sued Intel 4 or 5 years ago. I don't know why they waited so long.

    1. Re:AMD has nothing to lose... by smooth123 · · Score: 1

      They waited till they had a better product than Intel... now they dont look like a bunch of whiny babies...their products have been superior for a while now and still Intel has manged to hold OEMs against supporting AMD chips...

  61. Re:Down with Intel (Or down with AMD?) by Anonymous Coward · · Score: 0

    Not so. Simply the market changed. AMD wants to focus on advanced, innovative products like their CPUs not on commodity. The Flash memory market recently acuired commodity status so it doesn't fit their business any more.

  62. Re:Going to the press by Anonymous Coward · · Score: 0

    As you said, it's the marketing. When people think of a PC, the first thing that pops into their head is "pentium *" followed by the stupid jingle every commercial ends with, "ding-ding-ding DING"...

    "Dude, you're gettin ripped off!" -Dell boy

  63. Re:Going to the press by frkiii · · Score: 1

    Nah, AMD is looking for a settlement which includes agreements by Intel (without admitting any illegal activity) that they will stop their anti-trust violating practices (well, maybe not in those exact words).

    It all just looks like a game to hold Intel off a bit, get them to settle with an acceptable agreement to both sides, some money in AMD coffers, then they both go on their merry way.

  64. Interesting, from Groklaw by alewar · · Score: 3, Interesting

    In my opinion, AMD is doing this because Microsoft is behind them, pushing this action, and promising ongoing support.

    This is just one more step in Microsoft's ongoing promotion of AMD, and FUDing of Intel -- a process that has been going on for a few years now. The original trigger for Microsoft's courting of AMD may have been this:

    ZDNet: Intel courts Linux developers with Itanium specs

    Of course, Microsoft has threatened to do it before, as described in the DOJ Findings of Fact:

    > In February 1997, one of Intel's competitors, called AMD, solicited support from Microsoft for its "3DX" technology, which provided sophisticated multimedia support for games. Microsoft's Allchin asked Gates whether Microsoft should support 3DX, despite the fact that Intel would oppose it. Gates responded: "If Intel has a real problem with us supporting this then they will have to stop supporting Java Multimedia the way they are. I would gladly give up supporting this if they would back off from their work on JAVA which is terrible for Intel."

    Also note this quote:

    > Near the end of March, Allchin sent another message to Gates and Maritz. In it he wrote, "I am positive that we must do a direct attack on Sun (and probably Oracle). . . . Between ourselves and our partners, we can certainly hurt their (certainly Sun's) revenue base. . . . We need to get Intel to help us. Today, they are not."

    This second quote, along with the SCO case, shows a pattern of Microsoft coercing its partners into attacking its enemies. Microsoft involvement would also explain why AMD would take this action now, despite the risks.

    As those who have been following the action know, Intel has not been playing Microsoft's game for some time now. Microsoft's inability to support new technologies within a reasonable time frame has been holding Intel back, and Intel knows it.

    The situation is as follows:

    1. Microsoft knows that Intel had a lot more to do with the PC's success than Microsoft did. Intel continuously improved their product, and reduced prices, while Microsoft barely managed to keep up, making poor copies of other companies' software, years late. Microsoft is afraid, correctly, that Intel still has the power to move the industry forward, with Microsoft unable to follow.

    2. With the growing acceptance of Linux, Intel no longer has to hold back, while Microsoft catches up (as, for example, when an entire decade passed between the introduction of the 80386, and Microsoft's eventual use of its memory management capabilities). Intel can now move forward with things like 64-bit, multi-core, and parallel CPUs, with the necessary operating system support in place to allow Intel to sell their products. But that OS is going to be Linux, because Microsoft can't improve Windows fast enough to keep up.

    3. Intel has made it clear that they are no longer going to be held back by Windows. When Microsoft could not make Windows run efficiently on a 64-bit CPU, it was AMD, not Intel, that compromised their design, and wasted 64-bit CPU real estate in order to add the 32-bit support to overcome Microsoft's weaknesses.

    4. In order to stop Linux, Microsoft is trying to decommoditize PC hardware, with hidden interface specs (as described in the Halloween document). NVidia and ATI have gone along with Microsoft, cutting back on their help for Open Source driver developerment (instead, during this embrace stage, providing closed source drivers, and increasingly complex interfaces). AMD has also gone along, for example, when AMD gave Microsoft the necessary information to fix the AMD "Processor Bug," but Linux developers were left out in the cold, until they figured out the problem for themselves. Meanwhile, Intel has comtinued to keep their specs open, even going so far as to release a series of platform specs just for Linux.

    5. Intel is now cooperating with Apple, a company that just recently broke out from under Microsoft's thumb. With the availabi

    1. Re:Interesting, from Groklaw by Anonymous Coward · · Score: 0
      it was AMD, not Intel, that compromised their design, and wasted 64-bit CPU real estate in order to add the 32-bit support


      Bwahaha! "compromised" Hilarious. *wipes eyes*

      Looks like INTC has peaked out and has nowhere to go but down. Better sell now!
  65. Re:Down with Intel (Or down with AMD?) by praksys · · Score: 1

    I did RTFA, and this...

    "You may not be aware, but Intel's illegal actions hurt consumers -- everyday," read the ad, which mostly is a 350-word letter from AMD chief Hector Ruiz. "Computer buyers pay higher prices inflated by Intel's monopoly profits." ...amounts to nothing more than the barest description of the complaint being brought against Intel. In other words this is the same as saying "we acuse Intel of being a monopoly, go read the complaint".

  66. RTFC (Complaint) by p.rican · · Score: 3, Insightful
    "Please, AMD do not use this in some SCO-like attempt to pump your stock price. Instead, advertise your products. Let the courts decide whether or not Intel has had an unfair advantage. Mud slinging just makes you look like you are hiding something."

    If you read the complaint your head would probably spin with some of the allegations against Intel. Granted, the complaint is only AMD's side of the story, but if even half of the allegations are proven, Intel deserves a serious spanking.

    --

    /. --"Demented and sad....but social" -Judd Nelson

    1. Re:RTFC (Complaint) by Anonymous Coward · · Score: 0

      but if even half of the allegations are proven, Intel deserves a serious spanking.

      And if only half a milion lines of Linux code was stolen from SCO... oh, nevermind

  67. Re:Down with Intel by Guppy06 · · Score: 1

    What good is innovation if Intel strog-arms OEMs to keep it from getting to market?

    AMD has done all the innovation they should need for a while (at least until P4s catch up, if they ever do). The problem is that it's not getting to the consumers. And what's the point of having all this innovation if nobody gets to use it?

  68. What's the answer? by Anonymous Coward · · Score: 0

    You cannot blame any company for volume discounting. Any company that markets a high volume, low margin product will do it to assure they stay profitable. Dell, as a customer, wants cheaper chips so that they can have improved operating and profit margins. It has been mentioned that Dell should sell both processors. Hypothetically, say each company takes half the market share. Then Dell pays more for chips from both companies because the volume discount from either AMD or Intel would not be as great. So Dell doesn't do it.

    It should also be mentioned that the last 3 years for computer companies, and tech companies in general was less than stellar. Dell now estimates that within a few years, extending financing to customers will bring in more profits than the money made by actually selling the computer. Lastly, bureaucracy is not the answer to the problem. If AMD thinks that it has the superior product, it needs to prove it in the marketplace. If an AMD chip was twice as fast and half the cost, AMD would have no problem convincing people to switch. As it stands now, to the average joe computer user, any performance advantage in an AMD vs. Intel battle is marginal at best.

    1. Re:What's the answer? by aztracker1 · · Score: 1

      Taking the PR ratings of AMD at face value, not that they always are, but just in general, are fairly close to P4 ratings... from pricewatch:

      P4@3ghz - around $170
      Athlon XP 3000 - around $95
      Athlon 64 3000 - around $130

      Now, the x64-3000 is faster than the p4 on 64bit oses and apps, has better memory performance in most apps, and is a bit less.. the XP3000+ is not quite as fast as the p4 in most tests, but comparable at the very least.

      The problem is that AMD equivalents to all *BUT* the highest end are usually 3/5 to 1/2 the price of the intel counterpart.. why then is it that a number of lower-price computers aren't using AMD? If the *CONSUMER* interest were involved, and there were *FAIR* competition, then AMD would be *AHEAD* of intel.. not the way it is today.

      --
      Michael J. Ryan - tracker1.info
  69. All Power to AMD by segedunum · · Score: 0

    It has become very clear that Intel do have special relationships with many companies, builders etc. because you find yourself constantly asking the question "I know AMD chips can do this and they're out there. Where are they?" There's a heavy slant towards Intel chips, especially in laptops, and it's much more than just general supply and demand. Look at HP, Dell and even IBM. They're extremely hesitant to even take any questions on the subject of using AMD chips.

    All power to AMD. They make by far the better chips (apart from possibly a very lone Pentium M in a laptop) and they're willing to fight the monopoly and dodgy business practices. Let's face it - if AMD can crack this then there's a hell of a lot of money to be made and Intel would be seriously bloodied.

  70. Re:me too me too! by DogDude · · Score: 1

    1. That's business. It's been re-hashed in all of the previous AMD threads.

    2. Since when have Slashdotters become such rabid law-following people? DMCA = Bad, Clayton Anti-trust Act = good? WTF?

    --
    I don't respond to AC's.
  71. AMD has superior tech for servers, yet... by Anonymous Coward · · Score: 0

    the big guys haven't been buying. AMD has evidence in the form of email from these ;big guys' and much that they are not showing that Intel uses the, 'buy our server chips, exclusively, or you won't get a discount on our desktop chips'.

    This sort of tie-in is prohibited in the USA and many other contries. It is anti-competitive in that the big company, Intel, can squeeze the little company, AMD, out of the market for it's superior product by tying sales of another product, the desktop parts, which AMD can not produce in adequate volumes, to NOT buying the server parts, which AMD can supply.

    AMD is taking some advantage here though. Look at the timing. By the time this stuff wangles through the courts, AMD will be in a position to supply boocoo server parts from it's new fab.

    It's a ballsy move for AMD, but a smart one too.

    You'd think all those folks who have been propping up SCO would bail and jump in on this 'legal win is possible and big bux are there when it happens' scene.

  72. Hypocritical of them by Prof.+Pi · · Score: 4, Insightful

    Does anyone (especially the Intel haters) remember when AMD's CEO Sanders testified at the Microsoft antitrust trial -- in favor of Microsoft? Even though Microsoft was accused of many of the same things that AMD now charges Intel with, such as bullying suppliers? I guess it's OK to abuse a monopoly position, but only if you add support for someone's processor in your OS.

    I wonder if that courtroom appearance will come back to haunt AMD.

    1. Re:Hypocritical of them by Chris+Burke · · Score: 1

      Hell yes I remember that. Of course it isn't surprising; AMD is Microsoft's bitch. They need Microsoft, because it is Microsoft's pressure that keeps Intel from screwing AMD over at the instruction set level. What would happen if Intel decided that their new SSE-whatever instructions should use the same opcodes as AMD-specific instructions like 3dnow? And the reason why Intel's 64-bit x86 instruction set is essentially identical to AMD's is almost certainly because Microsoft told Intel that they were only going to support one 64-bit x86 instruction set and they had already picked AMD's. If that wasn't the case it would have been in Intel's interest to make their 64-bit extensions completely incompatable with AMDs, such that if AMD wanted to support Intel's they'd have to drop their own.

      I wouldn't be surprised if Jerry's testimony was an attempt to scratch MS' back in exchange for support for AMD64. Fat lot of good it did them; MS still didn't release a 64-bit OS until Intel was ready with their 64-bit solution.

      --

      The enemies of Democracy are
  73. Silly straw man by Anonymous Coward · · Score: 0

    Forget the word 'monopoly', since it doesn't mean what you think it means. Let's try the concept called 'competition'.

    History shows that free markets work better than any other type of economy. The key is competition. Competition is what provides all of the benefits from free markets.

    But there corner cases in 'free' markets where competition is restricted. Maybe those shouldn't be called free markets, but many people wrongly assume that laissez-faire means free market. The key issue is not government involvement, but whether competition is vigorous or supressed.

    Companies sometimes try to suppress competition, instead of competing hard. If the company's share of the market is small enough, such suppression will usually fail, as customers switch to other suppliers. But a company with a commanding share may be able to avoid such market-driven correction, and get away with predatory actions.

    That's not good. The benefits of a free market come from competition, and any behavior that reduces competition also reduces those benefits. Examples of competition-suppressing actions include collusion (price-fixing), corruption (bribery), and dumping.

    So look at Intel's, or Microsoft's, actions and ask yourself whether the customer benefitted from increased competition, or suffered from reduced competition through coercion.

    One simple sign of coercion is when dealings between two parties depend on a third party. Intel's prices should depend on how much a company buys from Intel, not how much they buy from AMD. Microsoft's prices for Windows should depend on how many copies of Windows you sell, not how many copies of OS/2, Netware, or Linux you sell.

    Pepsi can get away with exclusive contracts, and so can Coca Cola. Both have large, but not commanding, shares of the market. Exclusive contracts are usually not in the customer's interest, but amount of harm that they cause is limited by the presence of substantial competition. Exclusive contracts are an attempt to strangle competition, but the law doesn't try to prevent them when market forces will correct such attempts. The government won't protect you from paying higher prices when you could pay lower prices.

    It is when a company has a commanding share of the market that the correction fails, and government action is needed. In fact, it is the evidence that a company CAN get away with anti-competitive behavior that shows that it is a monopoly.

    It's good to compete. It's even OK to eliminate a competitor. But it is not legal to eliminate competition, which would be the result of eliminating the only serious competitor. Intel may have crossed that line.

  74. Why fear legal action? Fear a lack! by redelm · · Score: 1
    Look, Intel & AMD are both big boys. The legal costs of a few dozen million$ is not going to break either one of them. Let'em fight and see how the dust settles.

    There have been rumors of Intel strongarming tactics for years. Let's settle those once and for all. Would you rather the FTC investigate? I think civil discovery will be far more effective.

    I do hope AMD takes the high road and declines to settle under secrecy.

  75. Re:Down with Intel by PhoenixPath · · Score: 1

    1.) This won't get rid of Intel. At best, it will lower public opinion of them and give AMD a momentary flurry of cash-flow. 2.) AMD has more fab capacity than you are apparently aware. They could have taken on Apple and not hurt at all. 3.) Intel has engaged in illegal business practices. Wheather the courts decide so or not, that is fact.

  76. Re:Down with Intel (Or down with AMD?) by Wdomburg · · Score: 2, Informative

    For a statement to be considered libelous, they typically need to be known or suspected to be false. Given the fact that Intel has already been found guilty by one court of the behaviour they're being accused of, it is very unlikely it would pass the legal standard for libel.

  77. Re:Maybe, maybe not. Probably not. by Anonymous Coward · · Score: 0
    Intel DID get its knuckles rapped in Japan recently for illegal trade practices. IIRC, Chipzilla was given a 3-month suspension for making non-competitive single-sourcing arrangments with OEMs.

    IMHO, this should be a slam dunk case for AMD.

  78. Re:victor: AMD! (I hope) by Anonymous Coward · · Score: 0

    Vs AMD who... doesn't want to make as much money as possible?

  79. antimonopoly act? by SolusSD · · Score: 1

    Maybe someone here knows the answer to this. when the heck did japan enact antimonpoly legislation?? AFAIK(new) Japan was a breeding ground for monopolies.

  80. Linux is x86-only? by smyle · · Score: 2, Insightful
    Section 22:
    The x86 versions of Windows and Linux, the two operating systems that dominate the business and consumer computer worlds, have spawned a huge installed base of Windows- and Linux-compatible application programs that can only run the x86 instruction set. This has given Intel effective ownership of personal computing. Although other microprocessors are offered for sale, the non-x86 microprocessors are not reasonably interchangeable with x86 microprocessors because none can run the x86 Windows or Linux operating systems or the application software written for them.

    I found it interesting that Linux no longer runs on PPC, Sparc, Alpha, xScale, etc.

    --

    Sleep is just a poor substitute for caffeine, anyway. -Bob Lehmann

    1. Re:Linux is x86-only? by Jon_Brinkley · · Score: 1

      The x86 VERSIONS of Windows and Linux

      Saying x86 versions doesn't mean Linux is only x86, there being careful to not make their relationship with microsoft too obvious. I thought the implication was that there were versions of Windows that run on other patforms.

    2. Re:Linux is x86-only? by Anonymous Coward · · Score: 0
      I thought the implication was that there were versions of Windows that run on other patforms.

      There are, or at least were versions of Windows for non-x86 platforms. I have an Alphastation running NT4 at home (because its CDROM is dead so I can't put NetBSD on it without resorting to some ghodawful hacks). I know that NT4 also ran on MIPS-based ARC boxen, PPC boxen and SPARCs. I have definitely seen it running on a Sun Ultra 5 (but it doesn't run on the Ultra 1/2). It also ran on a few older RS/6000 and Mac boxen. Yes, Windows natively on a Mac! It sucked, and there was no software, and support was officially dropped with the release of Win2k. I wonder, though, if MS has had other-platform versions of Win2k/WinXP/Win2k3 cooking in a back lab or not. Of course, with Alpha, MIPS and SPARC being mostly irrelevant, and PPC being made irrelevant soon, it may not matter.

  81. What is really going on is this... by PhaxMohdem · · Score: 1
    AMD needs a way to usher in their next secretive generation of CPU's, however they still need a year+ to finish developments and test productions... SO they created this lawsuit as a smoke screen. Once the suit is over, or still in progress, they will unleash this new beast of a CPU on the world resulting in curing of cancer, exploration of Deep space, Global Peace and harmony. Followed shortly by first contact with the Vulcans.

    All the while Intel will be forced to release another version of Pentium 4 resulting in a mass riot of slashdotters and fellow geeks tearing down their fabs, and dismanteling the company. (The riots would of course take place before world pease was set into motion)

    That's the way I see things at least.

    --

    The Property of One's : "The Oneitude is directly proportional to the Colditude of the one." - S.B.

  82. from the next-they-sue-a-puppy dept. by KillShill · · Score: 1

    yeah, if the puppy practices unfair, illegal unethical business behavior, then they should screw the pooch.

    --
    Science : Proprietary , Knowledge : Open Source
  83. Re:A couple thoughts - and a couple more by Nom+du+Keyboard · · Score: 1
    If Jobs would finally get it through his head that Microsoft continuously kick's Apple's arse for, among other reasons, the fact that Apple refuses to position themselves as a software/OS company and tries to straddle the line, which Microsoft has carefully tried to avoid doing since forever.

    This is so true. What is the major complaint about Apple? It costs too much! When was the last time you heard that about a Windows PC with the blame put on Microsoft? How about never.

    Intel should NOT be strong-arming anyone and they deserve to be rebuked by the courts for it, but it should be a criminal anti-trust slap and not a civil court slap as it looks more like vindictiveness and victimhood whinyness.

    Do you see the criminal courts doing this? I don't. And until they do, I don't find it vindictiveness and victimhood whinyness to stand up for yourself. I admire it, and wonder why it took them so long.

    Now what would happen if the Apple faniatics and the AMD fanboys could ever get together on the same platform?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  84. Re:Going to the press by CCW · · Score: 1

    Ironically, Supermicro makes opteron white box systems and motherboards.

    Monarch computing supposedly carries them, relabelled as "Monarch" brand.

    Supermicro won't sell them to end users, and apparently won't let anybody advertise them as Supermicro due (presumably) to fear of damaging their relationship with Intel. It seems a weird way to operate unless there is something untoward going on.

  85. Re:Down with Intel by KillShill · · Score: 1

    reading comments from anonymous coward shills like you IS sickening.

    intel clearly broke the law and is going to be screwed by the courts, as they should be.

    that you are defending their clearly illegal and most of all immortal/unethical practices tells me you are someone who doesn't care about the facts, so much as you do in promoting illegal monopolies and strong arm tactics for MONEY.

    intel will IN NO WAY go bankrupt over this. even if in the end they pay a few billion in fines (which i think is an appropriate ammount considering the damage they've done), they make more than that in a year. the fact that you bring up them going bankrupt is an obvious ploy to distract attention from the real matter. also it helps as an emotional attack (OMG, intel is going bankrupt and now AMD will be a monopoly).

    how about you fuck off and die, and let the rest of us live in some semblance of peace.

    --
    Science : Proprietary , Knowledge : Open Source
  86. Re:Down with Intel by dadragon · · Score: 1

    (nterpret as: non-intel CPU's are a scam)

    Is your son a computer hacker? See number 3.

    --
    God save our Queen, and Heaven bless The Maple Leaf Forever!
  87. Re:me too me too! by Anonymous Coward · · Score: 0

    It hasn't been rehashed. It's only been you acting like an ass because you own some business. You're a business owner and you think that these actions are okay. You don't think that Microsoft abused its position as a monopoly. I would imagine that you don't think that it's even possible to abuse a position as a monopoly - which means that you're in no position to evaluate the law because you refuse to admit that it exists.

  88. /. ignorance by Starcom8826 · · Score: 1

    Really, so many of you are caught up in what you believe is right. I doubt anyone who is complaining about this lawsuit has even read the filing. Its in very plain english, and really shows you how Intel has been shafting AMD. Since when has a lawsuit destroyed a company that held a monopoly? Some of you make it seem as this will make Intel go bankrupt. It won't even if AMD wins.

  89. Public, Japan by fabu10u$ · · Score: 1

    Is that nearer to Tokyo or Osaka?

    --
    They say the mind is the first thing to ... uh, what's that saying again?
  90. Re:me too me too! by DigitumDei · · Score: 1

    1. Thats business that anti-trust laws were made to stop.

    2. Err, since when does a bunch of slashdotters saying the DMCA is bad mean that Intel can do what they want?

    Not that it matters, the point is you don't have to be a monopoly to be breaking anti-trust laws. Just powerful.

    And you don't need to be an expert in anti-trust laws to see that taking Intel to court isn't a blatent bad idea. Maybe the courts will find that intel didn't actually cross the line, or maybe they will find them guilty. Either way its not just the fanboys supporting this.

  91. Re:A couple thoughts - and a couple more by MoneyT · · Score: 1

    This is so true. What is the major complaint about Apple? It costs too much! When was the last time you heard that about a Windows PC with the blame put on Microsoft? How about never.

    Two words:

    Microsoft Tax

    --
    T Money
    World Domination with a plastic spoon since 1984
  92. Most definitely not. by DarkTempes · · Score: 1

    and it's not like they're really looking for a ton of money.

    $50 million is not really much to AMD (it's not going to determine if their buisness continues or not).

    I think AMD truly believes that Intel is not being fairly competitive and so AMD wants to put a little pressure on Intel to become fair using the courts.

    That's about it.

  93. Re:Going to the press by tomstdenis · · Score: 1

    Buy nForce chipsets. I just bought one on the weekend and I didn't even require a kernel change to get it to boot. Changed the network modules around and voila onboard LAN worked fine.

    Yeah, dedicated chipsets are good but the VIA and nForce chipsets have always been good.

    And you know what, get this

    There are VIA ***AND*** nvidia chipsets for AMD processors.

    It's called competition! Which is the whole point in the first place.

    Tom

    --
    Someday, I'll have a real sig.
  94. Re:Going to the mat by tomstdenis · · Score: 1

    I say AMD owns it by the fact that any serious person doing work will not buy an Intel given the choice. AMD's performance is just too much higher.

    Cost: You're comparing the entry dual-core Intel to the top of the line [currently] AMD dual core... You don't need 2.4Ghz and 1MB of L2 to match the performance of a P4 3.2Ghz ...

    I know, I own a Prescott 3.2Ghz and my NewCastle 2.2Ghz would beat it in any build test you can throw at it [or bignum or crypto task]. A dual-core 2.2Ghz [e.g. 4200+] would more than be enough to beat a 3.2Ghz dual core [e.g. 840]. So your price comparison is a bit flawed.

    The ability for Intel to meet demand is just based on their monopoly. Think about it. For how many years has Intel been the only choice through Intel pressure?

    I imagine in the last 3 years alone they probably sold a few dozen million processors alone through Dell. That means at 56$ profit per processor they'd have enough to build a new fabs.

    When you add in that Intel processors usually are bundled only with intel chipsets and intel graphics and intel networking ...

    It adds up quickly. I'm sure if Dell went to AMD and said here's two billion dollars build us 50 million athlon64's they'd be more than happy to do it.

    The point is that Intel has done things that are anti-competitive [or at least very likely]. It isn't a cry sore-loser thing it's what's best for all.

    Think about it. By Intel owning such a large share of the market your ability to go out and pick what is best for YOU is basically neglected. Intel can tell you "if you want a computer you run our processor and you pay our price".

    It's not like society would benefit from not having computers so we are forced to buy their processors at their price.

    And you could say "well I could just stock AMD and let the chips fall" [pardon the pun] except you're there to make money and stay in business. If intel turns to you and says "stop selling AMD or we stop shipments" you have essentially no choice at this point.

    So at the end of the day you pay basically whatever Intel wants for whatever overhyped piece of shit design they can spew on you [hint: P4 should have died on the drawing board...]

    Tom

    --
    Someday, I'll have a real sig.
  95. Re:Going to the press by tomstdenis · · Score: 1

    It's not really marketting. It's choice. If you look at the "ma and pa" computer stores they prominently sell both Intel and AMD because they're not big enough for Intel to push around yet there are enough of them to matter.

    When you look at Circuit city, Dell, Compaq, etc... they basically only sell Intel [well Compaq has a few nice AMD laptops].

    So it's not really that people are actively looking for Intel [though I'd say there are probably enough] but moreso they just want a puter to play and browse the web with and they're not going to hunt down for a different computer when they don't know much about Intel let alone AMD.

    Tom

    --
    Someday, I'll have a real sig.
  96. Re:I don't think AMD is going anywhere anytime soo by Anonymous Coward · · Score: 0

    You mean the "our CEO is a big whiner" 1337ness?
    Or the "our mobile processors suck" 1337ness?
    Or the "we have supply issues at the high-end" 1337ness?
    Or perhaps you mean the "we've been taking it up the ass for the past couple years b/c there is no 64-bit version of windows" 1337ness?
    Or maybe you mean the "we are not affiliated with Apple" 1337ness?
    Or maybe you mean the "we are libeling Intel" 1337ness?
    Or maybe you mean the "we are more and more like SCO every day" 1337ness?

    Should I continue...?

  97. Secret payment of or allowance of rebates... by t35t0r · · Score: 1

    ...is not allowed in California, if you read to p44 (hhaha) it is stated about the California code of conduct for businesses:

    "The secret payment or allowance of rebates, refunds, commissions, or unearned discounts, whether in the form of money or otherwise, or secretly extending to certain purchasers special services or privileges not extended to all purchasers purchasing upon like terms and conditions, to the injury of a competitor and where such payment or allowance tends to destroy competition, is unlawful."

    I'm sure most states have a similar clause.

  98. Secret payment of or allowance of rebates... by t35t0r · · Score: 1

    ...is not allowed in California, if you read to p44 (hhaha) it is stated about the California code of conduct for businesses:

    "The secret payment or allowance of rebates, refunds, commissions, or unearned discounts, whether in the form of money or otherwise, or secretly extending to certain purchasers special services or privileges not extended to all purchasers purchasing upon like terms and conditions, to the injury of a competitor and where such payment or allowance tends to destroy competition, is unlawful."

    I'm sure most states have a similar clause.

  99. Good PR by g0dsp33d · · Score: 1

    Reading the post made it occur to me that whether or not its intentional, this could make for some good PR for AMD. Many of us know how AMD does in benchmarks and in price / performance ratios, but how many of you ended up checking that out or researching on AMD.com? And we are slashdot users. Joe Public might catch wind of this and decide to look into it. What do you think he might buy next? Just a crazy opinion, take it with a grain of salt because I don't have my tin foil hat on now.

    --
    lol: You see no door there!
  100. Re:me too me too! by Anonymous Coward · · Score: 0

    You make me laugh.

    "We saw them do it to MS, we'll see them do it to Intel."

    That is a load of crap, my friend. MS really was screwing around with OEMs. If I recall correctly, BeOS was trying to get into the OEM market too and Microsoft was forcing everyone to push them out.

    Not only that, but why haven't major OEMs included Linux yet? Surely it wouldn't be too hard for them to make their own distribution to include with their own computers; in fact, they could do it at very little cost to themselves. As long as they include a user manual and the source code CDs, as well as making the entire deal a lot more user friendly, they'd be able to make a profit.

    Another probable example of AMD getting screwed over is that Intel continues to give Dell discount prices, esp. when Dell threatens to go AMD. Now, if Intel is undercutting themselves to a major manufacturer/distributor (and the manufacturer count is questionable, I know this already) solely to prevent them from using a processor made by a competitor, wouldn't that be considered anticompetitive?

    Of course, IANAL. But you're just being an asshole. :P

  101. Re:Maybe, maybe not. Probably not. by Anonymous Coward · · Score: 0

    If you were looking for a job, and someone came in and said "if you hire this other guy, we'll give him to you for half price, but if you hire THIS guy, we'll charge you twice for any future people" you'd be pretty hurting.

    I see you've worked with a union before..

  102. For those that haven't read the 48 pages... by dpaulson · · Score: 0

    STFU, just my 2 cents...

  103. Re:Going to the press by davmoo · · Score: 1

    So coupled with all these facts why would you go with Intel? I seriously doubt it has to do with a technical advantage [specially in the SMP world].

    Why do I go with Intel? Granted, I'm probably an exception in your general argument, but you asked, so I'll answer your question of why I go with Intel every time.

    I have one scientific application that I run daily. It relies *heavily* on floating point math. It has been hand-tweaked (and no, not by me) to get every possible speed advantage out of the code...as in hand-coded assembler. And it has been hand-tweaked for both Intel and AMD processors (and can detect which one its on, and select its code accordingly).

    And when run on an Intel (P4, not Celeron) processor, it will blow the fuck out of an AMD processor every time. Even if you go a few steps up in the chain and get an AMD processor with a supposed speed advantage. For example, a system with a P4-1600 will slightly beat an Athlon 64-3400.

    So for that reason, and that reason alone, I won't even bother with an AMD box. But again, I will concede that I am probably the exception to the rule, and I'm running a specialized application. But you did ask :-)

    --
    I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
  104. Re:Down with Intel (Or down with AMD?) by Anonymous Coward · · Score: 0

    They said that Intel is hurting customers and is bad for the public. Uhh that's slander. Especially if they are found to be wrong. For example if you had a company and one of your competitors put out an add saying that your company was inflating prices and hurting consumers how would you feel? Especially, if you really weren't doing it. For all you know, Intel might be just offering better prices then AMD and AMD is having a hissy fit.

    Who says Intel is inflating prices. So if they are inflating the prices why don't you just sell your processors for a fair price? Intel is technically not a monopoly. They are the big guys but they don't run the whole show. Monopolies can only inflate prices when they are actually a monopoly with no competitors. Intel has competitors and thus really can't inflate prices. Just cause one company sells their product at a high price doesn't mean you have to. And "monopoly profits", what the hell is that. That's bullshit. There is no such thing as monopoly profits. Its profit, something all good business's make. They made Intel out to be a monster. I mean, common, if they abused their power so much why would you only sue for 50 million? That's chump change to these guys. It's all bullshit. I don't doubt Intel abuses their power but AMD is full of crap. This is just as much about publicity as it is about monopolies.

  105. Re:Down with Intel (Or down with AMD?) by everphilski · · Score: 1

    Yup. And if Intel is found innocent, that is libel.

    -everphilski-

  106. Re:Down with Intel (Or down with AMD?) by praksys · · Score: 1

    They said that Intel is hurting customers and is bad for the public. Uhh that's slander.

    No, that's just the current legal theory of what makes for an illegal monopoly. So as I said above, AMD has not said anything beyond the barest description of the complaint they are bringing, and there is no way that Intel will ever manage to base a libel case on that.

    Monopolies can only inflate prices when they are actually a monopoly with no competitors. Intel has competitors and thus really can't inflate prices. Just cause one company sells their product at a high price doesn't mean you have to. And "monopoly profits", what the hell is that. That's bullshit.

    The theory of monopoly pricing is old and well established. If you have a monoploy you can set prices higher than they would be in a competitive market. Even an imperfect monopoly can do this.

    Just to give an example. Could Dell threaten to dump Intel and go with AMD? No. AMD could not supply the volume that Dell needs. Dell could threaten to go to AMD for some of its supply, but then Intel could threaten to hike the price on the rest because Dell really has no choice about where to go for *most* of its supply. In short, Intel gets to make the price, rather than the market.

    If this gets to court there will be no real question about whether Intel has, or had, a monopoly. That part is too obvious. The question will be whether the public has suffered. Between economies of scale, and the effects of limited competition, AMD will have a hard time proving that prices would have been significantly lower in a fully competitive market.

  107. Monopoloy... by Anonymous Coward · · Score: 0

    Zuh? Perhaps they mean 'monopori'..?

  108. Monopoloy. by ionicplasma · · Score: 1

    It seems Japan's looking out for the future; naming it the Anti-Monopoloy act will make sure that certain companies can't defend themselves by claming that "It's not a Monopoly - it's a Monopoloy! There's a difference!".

    --
    The easy part was getting the brain out, but the hard part was getting the brain out.
  109. Great Idea by synapsefyre · · Score: 1

    Though in some respects this seems like AMD is whining, I certainly do not see any evidence of them being in the red.. far from it. They got bucks and are not hurting. Certianly they will not lose any existing customers over this either. The thing is, it is obvious to anyone that something strange is going on when vendors sell little to know AMD chips, despite the fact that test after test shows their chips stomp Intel almost (I said almost) all the time. Their prices are not that much higher if at all.. definately more bang for the buck, and vendors constantly sell higher cost/ended pcs to those that want it. I certainly think that there is unfair and bad business practices going on with Intel, and they deserve to be smacked for it. The fact AMD is doing it civily allows them to collect damages, (which they should be able to if Intel is proven guilty) was smart. Everyone knows that this pathetic adminsitration with the corrupt DoJ wouldnt do anything anyway. And they have nothing to lose. And lets face it... so far the evidence is quite compelling. AMD is not stupid... they watched and decided enough is enough.. Intel needs to pay. And after the Microsoft fiasco.. who can blame them for sueing civily?