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Rambus Claims It Was Price-Fixing Target

conq writes "BusinessWeek reports on the latest developments in the Rambus/Micron saga over pricefixing." From the article: "One e-mail, dated June 5, 2001, from Micron Vice-President Linda Turner to other Micron employees was in response to worries about prices on DDR-DRAM that had been falling. 'No problem!,' Turner wrote. 'We want DDR to explode in the marketplace so have actually been requesting Infineon, Samsung, and Hynix to lower their DDR pricing to help it become a standard (and drive Rambus away completely).'"

138 comments

  1. Damn, where's the by TheLevelHeadedOne · · Score: 3, Funny

    "crashed email server" when you need it...

    --

    Twin or more? ITA
    Apache/Spring/La
    1. Re:Damn, where's the by Stoned4Life · · Score: 2, Funny

      I bet you won't find any RDRAM in the servers churning out all these old emails.

      --
      Stoned4Life
      gen = new Random
  2. Thanks for that! by Trigun · · Score: 1

    'We want DDR to explode in the marketplace so have actually been requesting Infineon, Samsung, and Hynix to lower their DDR pricing to help it become a standard (and drive Rambus away completely).'

    So, the reason I had to shell out the high prices was because you wanted to not sell me the chips. Me and my wallet thank you.

    1. Re:Thanks for that! by Anonymous Coward · · Score: 1, Funny

      DDR pricing is ridiculous, I had to shell out $59.99 for DDR: Mario Mix with a dance mat included. I mean what are they thinking?

      I have no idea what kind if game Rambus is, but they should get better marketing. I'm not gonna buy it if I don't even know what songs are included, geez.

    2. Re:Thanks for that! by pete6677 · · Score: 1

      Let us all take a moment to shed a tear for the patent troll known as Rambus. Karma is a real bitch.

    3. Re:Thanks for that! by Anonymous Coward · · Score: 0

      No - the reason you had to shell out the high prices was because you were stupid enough to buy Rambus.

    4. Re:Thanks for that! by Trigun · · Score: 1

      No, I didn't purchase the PCs. I had a P4 1.7ghz dropped in my lap because it was too slow to run XP. 128 megs of rambus, and a shitload of spyware didn't help matters, but it did need a memory upgrade.

  3. Economics ?? by Mafiew · · Score: 1

    This is ridiculous, price fixing of DDR would have been good for Rambus with their overpriced memory.

    1. Re:Economics ?? by Amouth · · Score: 1

      yea something isn't right here.. i though Rambus was price fixing.. tobe honest i thought they where dead.. where is this coming from.. or have i just been lost for a long while?

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    2. Re:Economics ?? by Azarael · · Score: 1

      Yes, but the summary states that DDR prices were being artificially lowered so that Rambus couldn't compete. So they aren't talking about price fixing in the, 'lets everyone jack up our prices and gouge the customer' sense.

    3. Re:Economics ?? by mypalmike · · Score: 1

      i though Rambus was price fixing.. tobe honest i thought they where dead..

      A company isn't dead until the lawyers have picked the carcass clean. I'd say "investors" instead of "lawyers", but the investors just get the bones.

      --
      There are 0x40000000 types of people: those who understand 32-bit IEEE 754 floating point, and those who don't.
    4. Re:Economics ?? by LehiNephi · · Score: 4, Interesting

      Rambus made this bed, now let them lie in it.

      They made the mistake of trying to make a quick buck with their submarine patent, and they ticked off just about everybody. Including some very big players (Infineon, Samsung, Hynix, etc). This is just the big guys' way of exacting a very painful (and much-deserved) revenge. What the big memory makers did (assuming it's all true) may not have been legal, but boy, it sure feels good to see punks like Rambus writhe.

      This ain't just business any more. It's personal.

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    5. Re:Economics ?? by Azarael · · Score: 1

      I don't disagree that the Rambus has gotten what they deserved. Collusion tactics like that though are pretty harmful, as they ca drive a lot of smaller competitors out of business and possibly reducing competition and raising prices down the road (which those ddr players if I recall the /. articles). I'm not going to straight out say that that strategy should be black and white illegal, but I'm sure that it does more harm then good to the consumer.

    6. Re:Economics ?? by redfieldp · · Score: 1

      I think you're misunderstanding "price fixing": it doesn't have to be a high price that is fixed, necessarily. It can be any kind of activity to set a price point artificially: low or high.

    7. Re:Economics ?? by HotNeedleOfInquiry · · Score: 1

      Well, there's price fixing and there's getting a conviction on a price-fixing charge. From what I know and can tell, it seems highly unlikely that Micron could be convicted on a price-fixing charge. I'm pretty sure that for a conviction, there has to be a specific agreement to maintain a specific price between 2 or more parties. Not just "We want them to lower the prices".

      --
      "Eve of Destruction", it's not just for old hippies anymore...
    8. Re:Economics ?? by jafiwam · · Score: 1

      Rambus Way;

      - Prices go and stay high
      - Consumers lose
      - Rambus wins

      Other memory makers Way;

      - prices dive and rambus croaks
      - consumers win (for now)
      - all memory makers compete one another as usual after
      - maybe consumers win/maybe lose later

      Gee. Looks like the choice is a probability of getting screwed vs the certainty of getting screwed for the consumer. I'd take a probability over a certainty any day.

      If you really want to bitch about price fixing, how bout you start with Oil Companies and the Bush Cronies Regime first and go from there, mkay? Seems to me that what hurts the economy more is $15 for EVERY tank I fill up all year vs $40 once when I buy a computer.

    9. Re:Economics ?? by Anonymous Coward · · Score: 0

      I just looked up the definition and it says, higher.

    10. Re:Economics ?? by Andrzej+Sawicki · · Score: 1
      Gee. Looks like the choice is a probability of getting screwed vs the certainty of getting screwed for the consumer. I'd take a probability over a certainty any day.
      I'd as by how much, first. ;)

      I mean, getting "screwed" by two bucks beats "maybe" getting screwed by a hundred, at least to me it does.
    11. Re:Economics ?? by Mafiew · · Score: 1

      But it doesn't take collusion to lower prices. All one company would have to do is drop their prices then everyone else would have to follow.

    12. Re:Economics ?? by Azarael · · Score: 1

      I was thinking along the lines of the gas station price war going on in the 90's that seemed to drive all of the independant operators out. End of the Summer in 2000, gas prices started going through the roof. Coincidence, maybe.

  4. Let's just say.... by brian0918 · · Score: 3, Funny

    Let's just say that Linda Turner wasn't the fastest bit in the cache...

    1. Re:Let's just say.... by GPLDAN · · Score: 1

      I loved her in the The Bad and the Beautiful. Her passionate kiss with Kirk Douglas was so racy for the time.

  5. Rambus was overpriced and underperformed. by Otis2222222 · · Score: 5, Insightful

    I still remember quite vividly the feud between Tom's Hardware Guide and Rambus that resulted in Rambus' stock price tumbling. Even if the other manufacturers kept their prices artificially low (which I doubt), Rambus was easily twice as expensive if not more than the same amount of DDR would have been. The fact that real world performance tests didn't back up the hype that Rambus promised was the nail in the coffin. If it was priced lower, they might have had something. I thought the technology had potential, but it's absurdly high price kept it from ever being realized.

    1. Re:Rambus was overpriced and underperformed. by MrAnnoyanceToYou · · Score: 3, Informative

      I remember that fight as well. In fact, I remember asking in an interview at Intel when I'd be able to get a motherboard with normal DDR instead of Rambus crud. (yes, I was young and stupid)

      In reality, I think the entire fiasco which involved Rambus giving Intel a huge chunk of stock and Intel not producing (for a while) a chipset which worked with normal DDR SDRAM hurt Intel tremendously in the end. There's no way AMD would have gotten a foothold in a market where you didn't have to pay almost double for RAM that was not as good. I know I put off building a new computer for an extra two or three years because I didn't trust AMD quality at the time (probably wrongly) and I didn't want to pay for the huge extra cost of Rambus RAM.

      The whole thing seems to me to imply price fixing towards the high direction instead of the low - seeing as at the time Intel had a pretty solid lock on the Windows market. Tom's Hardware gave AMD a great shot at breaking into that, I guess...

      I wonder how much they paid for that.

    2. Re:Rambus was overpriced and underperformed. by Not_Wiggins · · Score: 0, Troll
      I wonder how much they paid for that.

      Probably nothing. Just because a company's blunder gives a competitor a leg-up doesn't automatically imply the competitor had anything to do with it.

      If I recall, Intel was (ineffectively) trying to utilize their monopoly on the processor/motherboard market to "encourage" the Rambus memory standard. They did this because they had a huge financial stake in Rambus. If they had succeeded, I'm sure we would have seen a flurry of lawsuits (ala the Microsoft/Netscape debacle) against Intel.

      It isn't unlike the missteps of other companies trying (and failing) to use their market strength to push a proprietary standard:

      • IBM - Microchannel
      • Apple - AAC encoding
      • Sony - MemoryStick
      • Sony - MiniDisc
      • Sony - Blu-Ray (yet to be seen)
      --
      Diplomacy is the art of saying, "Nice doggie!" until you can find a rock.
    3. Re:Rambus was overpriced and underperformed. by KingMotley · · Score: 1

      Rambus was never easily twice the price as comparable SDR ram, except in really strange sizes that noone would have bought (I forget if it was the really low low end, or the really high high end of which SDR didn't even have a solution for at the time). I bought many systems with RDRAM 800, and a couple based on SDR where the only difference in the systems were the ram used. There was a HUGE performance difference between the two systems, a very noticable one.

      The article makes a mistake when it mentions that DDR was available, but they neglect to mention that at the time DDR came out (With 2100MB/s bandwidth), double-pumped, 1066Mhz RDRAM was already available (4264MB/s) and quad-pumped double banked sticks were working in prototype (17056MB/s). Unfortunately by this time Rambus was already pretty much dead in the PC market, after all the bad publicity and never had a mainstream chipset support the advances beyond single pumped 1066Mhz.

    4. Re:Rambus was overpriced and underperformed. by Anonymous Coward · · Score: 0

      AAC isn't a proprietary standard.

    5. Re:Rambus was overpriced and underperformed. by MrAnnoyanceToYou · · Score: 1

      Alright, who called this guy a troll?

  6. Or more likely... by LordKazan · · Score: 5, Informative

    ... it was the fact that Rambus is SHIT

    "PC800 RDRAM, which operated at 800 MHz and delivered 1600 MB/s of bandwidth over a 16 bit bus using a 184 pin RIMM form factor"

    "Compared to other current standards, Rambus shows significantly increased latency, heat output, manufacturing complexity, and cost.[citation needed] PC800 RDRAM operated with a latency of 45ns, compared to only 7.5ns for PC133 SDRAM."

    then squashed by

    "DDR SDRAM, introduced in 2000, operated at an effective clockspeed of 266 MHz and delivered 2100 MB/s over a 64-bit bus using a 184 pin DIMM form factor."

    not to mention needing CRIMMS or whatever they called the terminators

    http://en.wikipedia.org/wiki/RDRAM
    http://en.wikipedia.org/wiki/DDR_SDRAM

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    If you cannot keep politics out of your moderation remove yourself from the Mod Lottery.. NOW!
    1. Re:Or more likely... by NutscrapeSucks · · Score: 3, Insightful

      RAMBUS wasn't really shit -- it had about a 20% advantage in workstation performance over SDRAM -- until DDR came out.

      Even at the price, it was still cheaper to buy RDRAM than a 20% faster CPU for a reasonable RAM config. (Although I'm glad my employer paid for it rather than myself, because those machines are impossible-to-upgrade lead balloons nowdays.)

      Hate to be the guy defending RAMBUS, but much of the anti-RAMBUS attitude was driven by Memory Cartel propaganda.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    2. Re:Or more likely... by KingMotley · · Score: 1
      then squashed by

      "DDR SDRAM, introduced in 2000, operated at an effective clockspeed of 266 MHz and delivered 2100 MB/s over a 64-bit bus using a 184 pin DIMM form factor."


      It would have been squashed if Dual-bank RDRAM 800 wasn't already mainstream delivering 3200 MB/s at the time. While RDRAM was more expensive (About 5%, not the over "double" some people quote), motherboards were less expensive to make and produce because there wasn't a need to have nearly as many traces running to and from the ram banks, and they didn't have to be all the same length. Many times after purchasing an entire system, the RDRAM based solution was $10 more than the SDR/DDR based one (Out of $1400), and they ran significantly faster in most applications (10-20% faster).

      You can say what you want about Rambus, because the company did do some unethical things, but RDRAM was and still is a vastly superior product technically to SDR/DDR. The current RDRAM is called XDR2, and has over 10 MB/s bandwidth per bank. Over 20 MB/s if you have dual banks. DDR isn't even in the same ballpark. Never was.
    3. Re:Or more likely... by The+Snowman · · Score: 1

      RAMBUS wasn't really shit -- it had about a 20% advantage in workstation performance over SDRAM -- until DDR came out.

      RDRAM is based on the same premise behind USB and SATA: cut the number of bits transmitted and increase the frequency to get higher throughput. This is a method that is proven to work. However, Rambus brought their technology to market before it was mature. They promised a simpler design, fewer errors, higher throughput. What they delivered was a complex mess of overheating chips that didn't perform up to its potential. They needed more time to develop RDRAM and to allow it to mature. That and not to submit submarine patents as standards. That pissed some people off, too.

      Eventually I think we will see memory using the same ideas behind RDRAM, but implemented better. Modern motherboards are extremely complex in part because of the memory. That is a lot of traces and a lot of bits to move very quickly and in sync. This complexity is proven to cause problems, which is why we are unlikely to see 128 bit RAM anytime soon. I doubt we'll see truly serial (1 bit) RAM either, but I think fewer bits at a higher frequency is the answer. It will just take time for the technology to mature.

      --
      24 beers in a case, 24 hours in a day. Coincidence? I think not!
    4. Re:Or more likely... by LordKazan · · Score: 1

      The current RDRAM is called XDR2

      Which hasn't been released yet

      DDR isn't even in the same ballpark. Never was.

      O'RLY?


              * PC-1600: DDR-SDRAM memory module specified to operate at 100 MHz using DDR-200 chips, 1.600 GByte/s bandwidth
              * PC-2100: DDR-SDRAM memory module specified to operate at 133 MHz using DDR-266 chips, 2.133 GByte/s bandwidth
              * PC-2700: DDR-SDRAM memory module specified to operate at 166 MHz using DDR-333 chips, 2.667 GByte/s bandwidth
              * PC-3200: DDR-SDRAM memory module specified to operate at 200 MHz using DDR-400 chips, 3.200 GByte/s bandwidth

              * PC2-3200: DDR2-SDRAM memory stick specified to run at 200 MHz using DDR2-400 chips, 3.200 GB/s bandwidth
              * PC2-4200: DDR2-SDRAM memory stick specified to run at 266 MHz using DDR2-533 chips, 4.267 GB/s bandwidth
              * PC2-5300: DDR2-SDRAM memory stick specified to run at 333 MHz using DDR2-667 chips, 5.333 GB/s bandwidth
              * PC2-6400: DDR2-SDRAM memory stick specified to run at 400 MHz using DDR2-800 chips, 6.400 GB/s bandwidth


      this initial offering of XDR has half the throughput of already available PC2-6400!

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      If you cannot keep politics out of your moderation remove yourself from the Mod Lottery.. NOW!
    5. Re:Or more likely... by fruity_pebbles · · Score: 1
      Although I'm glad my employer paid for it rather than myself, because those machines are impossible-to-upgrade lead balloons nowdays.

      Amen to that. I have a few older but still decent PC's at work that are essentially stuck at 1 gig because upgrading them to 2 gigs of RDRAM would cost more than a new PC.

    6. Re:Or more likely... by KingMotley · · Score: 1
      * PC2-6400: DDR2-SDRAM memory stick specified to run at 400 MHz using DDR2-800 chips, 6.400 GB/s bandwidth this initial offering of XDR has half the throughput of already available PC2-6400!
      The initial offering of XDR happened long ago. And it was (and still is) available in 800Mhz clock rate, dual bank (also called 16 lanes) configurations giving 12.8 GB/s bandwidth. That was over a year ago. OCZ just released thier PC2-6400, at half the speed of what was available to XDR1 a year ago. On top of the raw speed differences, since XDR uses less traces than DDR and the trace lengths don't need to be all of the same length, you can put 2 sticks of these as easily as you can route a single bank of DDR, or 4 interleaved sticks as easier than you can 2 interleaved banks of DDR, for another doubling of throughput in real world scenarios. BTW, XDR1 is what is powering the Playstation 3.
    7. Re:Or more likely... by Wdomburg · · Score: 1

      Just a side note - with DDR2, the clock rates you gave are only for the external interface. The DRAM itself is half-clocked; e.g.

      PC2-3200: DDR2-SDRAM memory stick specified to run at 100MHz internall, 200 MHz externally using DDR2-400 chips, 3.200 GB/s bandwidth

  7. Reading Comprehension ?? by Fhqwhgadss · · Score: 1
    'We want DDR to explode in the marketplace so have actually been requesting Infineon, Samsung, and Hynix to lower their DDR pricing to help it become a standard (and drive Rambus away completely).'

    They're claiming that DDR manufacturers colluded to reduce prices, thereby taking a temporary hit in profit while driving Rambus out of business. All in the interest of future profits. Thank Wal*Mart for the idea.

    --
    How does a 7-person democracy cut a pie? Into 4 pieces.
    1. Re:Reading Comprehension ?? by GigsVT · · Score: 1

      You think WalMart is the first company to use predatory pricing? Come on, that's just ignorant. And that's assuming they even do. In my experience their prices don't go up, they stay low. It's not like they lower them just to drive someone out then raise them.

      --
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    2. Re:Reading Comprehension ?? by rhsanborn · · Score: 1

      IANAL, but, I think it really depends on how they asked the manufacturers to lower their prices. If they simply sent them a letter saying, we want to be lower, can you help? I can't imagine this will hold water.

      IIRC, collusion is when they all set some artificial and generally equal, or close to equal price to establish a artificially inflated price, i.e. to ensure profit by not having someone else to undercut you.

      I can understand that there are some similarities, but this looks like them sharing their strategy and asking the manufacturers for a little help.

    3. Re:Reading Comprehension ?? by Fhqwhgadss · · Score: 1

      Poor wording on my part. Wal*Mart is just following the lead of other mega-corporations before it. I used them as an example because they are the most notorious company that uses the tactic today. And, yes, they do sell below cost; it's been demonstrated in court.

      --
      How does a 7-person democracy cut a pie? Into 4 pieces.
    4. Re:Reading Comprehension ?? by statusbar · · Score: 1

      Regardless, betcha Wal-Mart has a patent on that very same business method!

      --jeffk++

      --
      ipv6 is my vpn
    5. Re:Reading Comprehension ?? by VolciMaster · · Score: 1
      they do sell below cost; it's been demonstrated in court.

      And your point is...? I don't recall it being illegal to sell below your cost. It's probably not the cleverest thing you could do if you don't stop before you run out of cash, but it's legal AFAIK.

      For example, nothing prevents me from starting a business selling bread (which I either make or get from suppliers like Wonder, Pepperidge Farm, et al) and selling every loaf for $1. If it costs me $2.50 to buy Pepperidge Farm and $1.50 to buy Wonder, but I want to sell them for a buck a pop - that's my prerogative.

      If I have enough capital, I can do that and force others to either cut their prices or go out of business. But when I run out of capital, I will either go out of business, or be forced to raise my prices. It may be unethical, but it's not illegal - and if can be used to help people (ie folks who couldn't afford to pay $2.50, but can $1), then it's probably a laudable thing to do.

      Whether or not Wal*Mart operates ethically or not is irrelevant for the moment, as is whether Micron's asking others to lower their prices. The question is whether or not it was illegal, and getting together to drop prices, which forces those who don't agree to compete, and encourages more people to buy the product, sounds like a perfectly legal, and even economically-sound concept.

      Looks to me like Rambus is pissed they didn't join the party, and now they're left out in the cold.

    6. Re:Reading Comprehension ?? by gyrogeerloose · · Score: 1

      What you describe is called dumping and it is illegal in the United States.

      --
      This ain't rocket surgery.
    7. Re:Reading Comprehension ?? by Fhqwhgadss · · Score: 1
      And your point is...? I don't recall it being illegal to sell below your cost.

      While simply selling below cost is not a problem in itself, selling below cost in order to drive out competition is predatory pricing which violates the Sherman Antitrust Act. That's my point.

      Whether or not this is true in this case is up to the courts to decide, but it appears that predatory pricing is what Rambus is accusing Micron and the manufacturers of.

      --
      How does a 7-person democracy cut a pie? Into 4 pieces.
    8. Re:Reading Comprehension ?? by Anonymous Coward · · Score: 0

      You can buy a car battery, a skillet, a 20 pack of crayons, a Britney Spears CD, a ream of paper, and a 50lb bag of bird seed anywhere in a continental US Wal-Mart and they are the same exact price. Yes, that car battery at the Orlando Wal-Mart costs the same as the same car battery at a Seattle suburb Wal-Mart and the same price as Wal-Mart.com. What you are implying is that the stores set thier own prices and when Bills battery shop in Orlando goes out of business, Wal-Mart will raise the price of the batteries in Orlando. That is NOT the case and that does not happen to any measurable level. If it was the case then how are all of these products the same price everywhere in the US at any Wal-Mart? I am not pro Wal-Mart and I disagree with many of thier practices but you are not talking about something that actually does not happen on any type of percentage other then maybe incedental. It sounds cool to the anti Wal-Mart FUD spreaders though and those that like to group think instead of thinking by themselves.

    9. Re:Reading Comprehension ?? by japhmi · · Score: 1

      And, yes, they do sell below cost; it's been demonstrated in court.

      Simply selling below cost isn't illegal. Almost all companies do it in order to get people into the store (so that they'll then buy something else).

      Pricing enough items so that an entire store is loosing money until the other compaines go out of buisness is the problem.

      --
      "Giving money and power to government is like giving whiskey and car keys to teenage boys" P. J. O'Rourke
    10. Re:Reading Comprehension ?? by aevans · · Score: 1

      Not it isn't and no it isn't. What you are is called "stupid" in the United States and it isn't illegal either, sadly.

    11. Re:Reading Comprehension ?? by Anonymous Coward · · Score: 0
      They're claiming that DDR manufacturers colluded to reduce prices, thereby taking a temporary hit in profit while driving Rambus out of business. All in the interest of future profits. Thank Wal*Mart for the idea.

      How would that drive a patent troll out of business? Rambus has no FAB operation to support. Just a bunch of lawyers.

    12. Re:Reading Comprehension ?? by Anonymous Coward · · Score: 0

      You can buy a car battery, a skillet, a 20 pack of crayons, a Britney Spears CD, a ream of paper, and a 50lb bag of bird seed anywhere in a continental US Wal-Mart and they are the same exact price.

      Ok, but what does Big Bird need a car battery for?

  8. Where's the problem? by thelem · · Score: 4, Funny

    Is keeping prices artificially low actually illegal? Governments normally support anything that benefits the consumer.

    1. Re:Where's the problem? by MeanMF · · Score: 2, Informative

      "Dumping" is illegal.. That's when you sell something at an artificially low price for a period of time in order to gain market share or drive a competitor out of business.

    2. Re:Where's the problem? by eln · · Score: 1

      Governments normally support anything that benefits the consumer.

      That may be the funniest thing I've ever heard.

    3. Re:Where's the problem? by nickname225 · · Score: 2, Informative

      I am a lawyer - although antitrust is not my area of practice. The general rule is that any sort of collusion between nominal competitors is illegal. So- it doesn't matter if they are colluding to raise the price - or to lower it. Competitors can't coordinate their pricing.

    4. Re:Where's the problem? by Mayhem178 · · Score: 1

      This seems to be a double-edged sword though. Unless I'm looking at this wrong, doesn't this also prevent the little guys from gaining an advantage on the "playground bully," as it were? Maybe that's the point, though.

      --

      "You will pay for your lack of vision..." - Emperor Palpatine to Ray Charles

    5. Re:Where's the problem? by jesuscyborg · · Score: 1

      "Is keeping prices artificially low actually illegal? Governments normally support anything that benefits the consumer."

      The reason this sort of price fixing is illegal is because what originally happened was businesses would lower prices to drive out the competition while taking a big loss. Once the competition was gone, they would artificially inflate their prices to gain a huge profit and there would be no competition to stop them.

    6. Re:Where's the problem? by nickname225 · · Score: 1

      It prevents the little guys from getting an advantage by colluding - they are still free to get an advantage by making a superior product or by taking advantage of a more flexible manufacturing process or differing capital structure to get it to market cheaper.

    7. Re:Where's the problem? by Anonymous Coward · · Score: 0

      Doesn't WalMart do that regularly?

    8. Re:Where's the problem? by Anonymous Coward · · Score: 0

      Unless they install their own hand puppet in the White House - then it's okay.

      But as for the rest of you - watch out, that's not okay man. Buy your own puppet.

    9. Re:Where's the problem? by Jimmy_B · · Score: 1

      No. Dumping is when you sell something at a loss. Selling something very cheaply, but still making a profit, is fair competition.

    10. Re:Where's the problem? by servognome · · Score: 1

      Is keeping prices artificially low actually illegal? Governments normally support anything that benefits the consumer

      It was illegal for Microsoft. They dropped web browser prices artificially low by bundling. Even though it meant the end user got a free web browser, it was an anti-competitive practice meant to put other software makers out of business.

      --
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    11. Re:Where's the problem? by Canar · · Score: 1

      Not quite. Netscape was free from the outset. The problem was that Microsoft was using its monopoly on operating systems to also move into the browser market.

    12. Re:Where's the problem? by servognome · · Score: 1

      Netscape was free from the outset

      No Navigator was free in the beginning to capture marketshare, then version 3.0 cost $49 (how else would they make money?), then was free in 1998 after it lost the browser war.

      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    13. Re:Where's the problem? by Darren+Winsper · · Score: 1

      So, does that mean Microsoft's XBox strategy was illegal?

  9. Those who can, do, those who can't, sue... by Opportunist · · Score: 4, Insightful

    Again.

    If your product does not hit the market as it should, sue someone. Sue "Linux", to save your outdated product, sue your competitor for some meaningless patent hassle or, and here's the actually as far as I can judge ONLY new bit in this, some cartel building.

    What happened to good ol' free commerce, where the best product makes the buck? Been coffined and buried by lawyers and marketeers long ago, I know...

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:Those who can, do, those who can't, sue... by Red+Flayer · · Score: 1

      "What happened to good ol' free commerce, where the best product makes the buck? "

      Whatever happened to collusion not being part of good ol' free commerce?

      This lawsuit is based on the concept that free commerce (and therefore competition) was not allowed to happen because of collusion. Reagrdless of whether Rambus was terrible or not, there is merit in these types of lawsuits.

      It's very simple: Unregulated commerce != free commerce. It's "free" as in free of non-competitive influences, not as in free from regulation.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    2. Re:Those who can, do, those who can't, sue... by Anonymous Coward · · Score: 0

      the best technology and products almost never win. i see it happen over and over. RAMBUS was superior in the overwhelming majority of benchmarks any hardware site threw at it. RAMBUS was consistently the top performer in everything from games to scientific apps. so, of course the asian cartels had to kill it.

  10. Rambus is the Eolas of Hardware by stevesliva · · Score: 1

    Assert patents against widespread technology, sue like crazy. I guess it's just good for the Microsoft execs that they were already fixing the price of web browsers at "free." If the memory companies had just decided to give away the chips, rather then make them cheap, would it be different? Perhaps they should have "bundled" them.

    --
    Who do you get to be an expert to tell you something's not obvious? The least insightful person you can find? -J Roberts
    1. Re:Rambus is the Eolas of Hardware by joebooty · · Score: 1

      Indeed.

      Rambus are NOT the good guys by any means. Much of their technology is items that they patented based off of collaborative industry works from trade conferences.

      Essentially "Hey intel/micron/samsung lets talk about new volatile memory methodologies. Ok thanks for coming... runs to file patents"

      Rambus are not semiconductor manufacturers, they are patent litigators and their patents are largely nonsense.

    2. Re:Rambus is the Eolas of Hardware by NutscrapeSucks · · Score: 1

      Rambus won their case. The "Memory Cartel" was smashed by the government in one of the biggest antitrust cases in history. Yet easily-manipulated pinheads such as yourself are still repeating the same tired Cartel propaganda that you read on Tom's Hardware.

      Here's a link for the benefit of your fellow ignormaouses who might want to educate themselves.
      http://www.theinquirer.net/?article=27993

      And yes this is a flame. It's ridiclous how easy it is for companies to manipulate and use computer nerds. Just feed them some FUD and they'll believe it until the day they die.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    3. Re:Rambus is the Eolas of Hardware by statusbar · · Score: 1

      Regardless of their winnings in court, RAMBUS played very dirty pool with JEDEC. The JEDEC IP policies have changed as a result.

      --jeffk++

      --
      ipv6 is my vpn
    4. Re:Rambus is the Eolas of Hardware by stevesliva · · Score: 1
      Did you ever think that you're swallowing Rambus FUD? I really don't care that the Dramurai got screwed in court, but Rambus conduct in standards bodies was less than admirable. And yes, the FTC lost its case alleging miscouduct by Rambus, but certainly the allegations are enough to draw the ire of any fan of open standards:
      "Apr 04 FTC CC Appeal: "The importance of this case justifies careful Commission review. The outcome will determine whether Rambus can continue to assert monopoly power, through its patents, over technologies incorporated in the supposedly open JEDEC standards that govern the worldwide DRAM memory chip industry. The royalties collected by Rambus would apply to virtually all DRAMs sold by the $20 billion memory industry. DRAM chips are used throughout the economy in products including personal computers, mainframe computers, consumer electronics products, and telecommunications routers and switches. Rambus has also sought royalties on memory controllers and other components that interface with DRAMs. Rambus estimates that these royalties could amount to $1-3 billion, a cost likely to be imposed on consumers. Of equal concern is the potential harm to the ability of JEDEC to continue to set open consensus-based standards. Members failure to participate in JEDEC in good faith or to observe the JEDEC patent disclosure policy could destroy the work of JEDEC because JEDEC will no longer have companies willing to join the work of creating standards. CX2384. The activities of other standard-setting organizations also are likely to be hurt. The Commission should correct the mistakes of law contained in the Initial Decision. Although the ALJ s erroneous interpretation of the scope of Section 5 is of utmost concern, his standards for causation and anticompetitive harm also could have serious implications if followed by other judges or courts and could set dangerous precedent if not corrected by the Commission. For the reasons set forth above, Complaint Counsel believe that the Commission should vacate the initial decision in this matter, substitute its own findings and decision holding that Rambus violated Section 5 of the FTC Act, and adopt the proposed Order."
      I tend to agree with the FTC. I don't think that every manufacturer of an interface developed by a standards process should be paying royalties to leeches.
      --
      Who do you get to be an expert to tell you something's not obvious? The least insightful person you can find? -J Roberts
    5. Re:Rambus is the Eolas of Hardware by NutscrapeSucks · · Score: 1

      Very selective quoting. On further investigation, the FTC reversed their opinion and turned around and (successfully) procecuted the members of JEDEC for their actions to the tune of billions of dollars of fines.

      Yes, RAMBUS makes a lot of money from their patents, but so does every other company in that business.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    6. Re:Rambus is the Eolas of Hardware by stevesliva · · Score: 1

      The FTC did nothing of the sort. The fines were prosecuted by the Justice Department against the manufacturers for price-fixing. Rambus's abuse of the standards process in order to get huge royalties for some rather unremarkable patents is a whole other story, and yes, they're getting away with it.

      --
      Who do you get to be an expert to tell you something's not obvious? The least insightful person you can find? -J Roberts
  11. Wait... by NalosLayor · · Score: 2, Interesting

    ...an executive at a company suggested that he (and his competetors) lower prices in order to entice more consumers to purchase his product over the opposing standard? Scandalous! Criminal charges should be filed immediately! It's un-American, I tells ya!

  12. Collusion Not Always An Antirust Violation by aldheorte · · Score: 3, Interesting

    "The companies worked together to improve prices on a competing type of memory chip in order to discourage computer makers like Dell (DELL), Hewlett-Packard (HPQ), Gateway (GTW), and others from adopting a type of memory known as Direct Rambus Dynamic Random Access Memory (RDRAM) in their computers, and instead favor a competing type of memory chip known as Double Data Rate DRAM (DDR-DRAM)."

    If RAMBUS wants to push this one, they have to reveal something beyond Micron et al attempting to lower prices for consumers across the board. If they could prove that their alternative had the same cost basis and Micron et all lowered prices solely to drive them out of business so they could all then simultaneously raise prices back up, and in fact did so, then they would have something, but it doesn't not sound like they had a cheaper solution or that Micron et al were losing money to drive them out of business to raise prices back up. Collusion is not illegal if it works in favor of consumers. I think a lot of people fail to realize that antirust laws and the like exist to protect consumers, not protect businesses from competition (which is why a government entity is the one who generally prosecutes antitrust cases "for the people").

    1. Re:Collusion Not Always An Antirust Violation by Znork · · Score: 1

      "antirust laws and the like exist to protect consumers, not protect businesses from competition"

      The laws to protect businesses from competition can instead be found under the heading 'intellectual property laws'.

      Personally, I dont think I knew any self respecting geek those days who'd be caught dead buying Rambus RAM. Their name was shit from the day their patent troll behaviour hit the news.

    2. Re:Collusion Not Always An Antirust Violation by NutscrapeSucks · · Score: 3, Informative

      why a government entity is the one who generally prosecutes antitrust cases "for the people"

      Dude, the government did procecute them, and the RAM companies have already admitted guilt in price-fixing. This story is filled with very ignorant commenters.

      http://arstechnica.com/news.ars/post/20051013-5429 .html
      http://arstechnica.com/news.ars/post/20040915-4189 .html

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    3. Re:Collusion Not Always An Antirust Violation by jkabbe · · Score: 1

      Collusion is not illegal if it works in favor of consumers. I think a lot of people fail to realize that antirust laws and the like exist to protect consumers, not protect businesses from competition (which is why a government entity is the one who generally prosecutes antitrust cases "for the people")

      I think this is generally true. But you have to remember that the assumption is that reducing competition (by, for instance, driving a competitor out of business to create a monopoly or de facto monopoly in the form of a cartel) is presumed to harm consumers. Even if it means lower prices initially, the assumption is that once competition is reduced, prices will go up and innovation will go down. Of course, the only way to prevent this from happening is to create rules that keep companies from using certain tactics (like price fixing) to drive other companies out of business.

    4. Re:Collusion Not Always An Antirust Violation by aldheorte · · Score: 1

      "Dude, the government did procecute them, and the RAM companies have already admitted guilt in price-fixing."

      Sure, but not in this particular instance. Please look up "Commutation of Conditionals" or the "Fallacy of the Consequent" for why your argument has run off track. You are stating that the companies have been found guilty of price fixing in some instances, therefore they are guilty of price fixing in this instance, which does not logically hold.

  13. Price fixing...technically? by dvdsmith · · Score: 4, Insightful

    First, IANAL. Second, if some would RTFA, they would realize the price fixing here involved LOWERING prices. Historically, to my knowledge, accusations of price fixing have normally been made when separate parties agree to not compete and keep prices at a certain level. Here we have SOME competitors ecouraging each other to lower their prices below that of a common enemy, possibly at a loss in order to make better profits down the road. Laws against price fixing are meant to encourage competition, and IMO this is competitive behavior. Am I wrong?

    --
    "Build something idiot proof, and someone will build a better idiot" - Samuel Clemens
    1. Re:Price fixing...technically? by trazom28 · · Score: 1

      That's what came to mind when I first read TFA.. it comes across as.. "hey.. this new thing is out, and it's going to affect all of us - let's get competitive".

      An indirect analogy comes to mind.. such as when a large retailer prices at a loss to force out other competition, then brings prices inline with the rest of the chain. How is this different than a large group got together, lowered prices, and forced the competition out?

      --
      {} ------ When I think of a good sig, I'll put it here
    2. Re:Price fixing...technically? by dvdsmith · · Score: 1

      Oops, I think I AM wrong. :) I just did a little reading, and from what I can tell, competitors aren't supposed to do this, no matter the circustances. Is there a lawyer in the house?

      --
      "Build something idiot proof, and someone will build a better idiot" - Samuel Clemens
    3. Re:Price fixing...technically? by nickname225 · · Score: 4, Informative

      I am a lawyer - and yes you are wrong. Colluding with a nominal competitor to lower prices to force a 3rd competitor out of business or to drop a product line is anti-competitive, both legally and actually. The concern is that once the colluding parties have succeeded in driving the competitor out of the market - they can divide it up between them and price as they please. Like many laws - some portions of the antitrust laws are designed to avoid the creation of potentially abusive situations. So while on the surface colluding to lower prices seems like a public good - in fact it is potentially a large public evil. This was a tactic used to great effect by John D. Rockefeller - Standard Oil would open a gas station across the street from an independent station - and lower prices untilt he other station went out of business and then raise prices. This sourt of actual abuse shows the logic behind the antitrust laws.

    4. Re:Price fixing...technically? by Xaositecte · · Score: 1

      Collusion laws are usually worded so they apply to any group working togather without the consumer's knowledge to manipulate the market for their gain. It often takes the form of keeping prices artificially high, but doesn't necessarily have to.

    5. Re:Price fixing...technically? by dvdsmith · · Score: 1

      Thanks for that. Learn something new every day. :) Is this sort of thing hard prove in an court of law without an outright admission (like in this case)?

      --
      "Build something idiot proof, and someone will build a better idiot" - Samuel Clemens
    6. Re:Price fixing...technically? by nickname225 · · Score: 1

      Yes antitrust cases are fairly difficult to prove. You need to find evidence of collusion - like the e-mails in this case. The problem is that companies often simply follow each others pricing moves in order to stay competitive - so just a pattern of common pricing is generally not enough for an antitrust suit.

    7. Re:Price fixing...technically? by Software · · Score: 1

      IANAL, also, but I think the best model to follow w.r.t. talking about prices with your competitors is the "Fight Club" model: the first rule about talking about prices with your competitors is that you do NOT talk about prices with your competitors.

    8. Re:Price fixing...technically? by Beryllium+Sphere(tm) · · Score: 1

      >IMO this is competitive behavior.

      Case 1: Goal is to serve customers better. Competitor goes out of business as all their customers prefer you. Example: Linus Torvalds, saying "Really, I'm not out to destroy Microsoft. That will just be a completely unintentional side effect. " Later competitors see a chance to try the same thing on you and take your place.

      Case 1 is competitive hehavior.

      Case 2: Goal is to "cut off their air supply". Competitor goes out of business regardless of customer preference because you ran a war of financial attrition. Further competition is discouraged.

      Case 2 is not considered competitive behavior, at least not if you're a monopoly.

    9. Re:Price fixing...technically? by aevans · · Score: 1

      Why would you forfeit your right to think to someone else just because he has gone to one of a certain list of schools? I guess the initial assumption is enough evidence that you are not using that right anyway, so having someone else tell you what to think is better than just not thinking at all.

    10. Re:Price fixing...technically? by jambarama · · Score: 2, Informative

      IANAL but this isn't exclusively lawywer territory - I'm an economist and this is bogus.

      First - what they are claiming isn't price fixing, it is predatory pricing. And this isn't what Standard Oil did. Standard oil bought out competitors, their lower prices were the effect of huge economies of scale - NOT predatory pricing. There are dozens of books on this.

      Second - predatory pricing is a myth. The conditions requisite for predatory pricing to work are so stringent it is silly to beleive it exists in any but the most extreme circumstances. First you must be able to lower prices long enough to bankrupt your competitors while not going bankrupt yourself. Then you need to be able to raise the price high enough to cover - your losses and opportunity costs - all while keeping new competitors out and old competitors from re-entering. There are other conditions too, but these two alone are enough to disqualify 99% of the cases.

      Third - if they did predatorily price to get rid of rambus - where are the super high prices that these evil price cutting companies would have to charge to recoup losses? Ram is cheaper than ever. Besides, why couldn't the 4 or 5 other ram producers undercut these two conspiring firms?

      Fourth - when a business is stupid enough to try predatory pricing we shouldn't care. What we should care about is the barriers to entry that inhibit competition to such a degree that these businesses can charge artificially high costs in the future.

      Predatory pricing is laughed out of court nowadays - it is almost ALWAYS an issue of lower costs not predatory pricing - which is why Rambus is calling this "price fixing."

    11. Re:Price fixing...technically? by darkmeridian · · Score: 1

      Well, to hone the fine details in your answer. Courts will not INFER the existence of a conspiracy to lower the prices because price is the signaling mechanism used by the market to determine the efficiency of the manufacturer. Conspirers are presumed to be unable to recover their losses after succeeding in dominating the marketplace, so their efforts are for naught. In fact, American antitrust law has stated a policy to delay enforcement in dumping cases until there is market harm. In other words, the government will let conspirers give a freebie to the consumers and punish the manufacturers if they conspire to raise prices after they drive everyone out of business.

      The willingness of the courts to look the other way depends on the ease at which other competitors may enter the market. DRAM fabs require a large investment which goes stale relatively quickly. In this market, it would be doubtful courts will let competitors get driven out of business since replacements will be hard to come by.

      On the other hand, two companies were dumb enough to get together and say, "Let's conspire to monopolize the worldwide high fructose corn syrup market" while the FBI had a bug in the office then the conspiring CEOs will get thrown in jail. (True story.)

      The best story about dumping comes from an American manufacturer of chlorine (or something) who was getting injured by German manufacturers conspiring to dump their product on the American market to put him out of business. What he did was to buy their chlorine in the United States and then resell it in Europe for a hefty profit. The Germans stopped doing that.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    12. Re:Price fixing...technically? by MULTICS_$MAN · · Score: 1

      The logic behind the antitrust laws is as the parent poster stated, the protection of the consumer is the issue, if competition is in fact negatively impacted by the conspirators actions then relief is appropriate. Your analogy in the case of Rambus fails, however. Rambus has not built "gas stations" and arranged to fill people's tanks with some comodoty (gasoline or DRAM). Rambus is licensing a "gasification system" which allegedly makes your car go faster and involves a special configuration of pumps, islands, hoses, nozzles and attendants integrated into a single "novel" whole as a single product. The fact that the cost of "gasification" to the licensee (the gas station owner) and the lack of any preceptable improvement in performance of the customer's car in spite of significant added costs (and there are, beyond just the licensing demands of Rambus) are and were of no concern to Rambus. Frankly, even if the "cartel" of RAM producers are forced to pay patent damages and "antitrust" damages to Rambus, they STILL save (and the consumer saves as well) by NOT having to produce, package, test and distribute RDRAM (or any other crap RAM that Rambus is trying to pump and hype today). RDRAM came with a 15 to 20% penalty in die area, increases in mask and opset counts, high packaging and testing costs and no provable benefit even as a dedicated cache line stuffer compared to more conventional architectures (which Rambus is converging toward on every iteration of it's "product"). That accounts only for savings in the DRAM end of the Rambus "invention" by the way, there's also a tax to be paid at the "master" end of the bus which they expect to extract for every CPU. The public is greatly benefited by the demise of B, C and DRDRAM and would be even more greatly benefited by the demise of Rambus and their stock and litigation scams.

    13. Re:Price fixing...technically? by Nikker · · Score: 1

      Not always,

      In the instance of VOIP in Canada the regulatory board CRTC made manditory pricing schemes because of companies like Bell Canada would be able to offer the service at such low price (introductory of course) as well as brand recodnition they would be able wipe out customers relation with other providers then adjust prices accordingly.

      Now keeping in mind VOIP is a service and not a physical product so these events are not completely parallel but in terms of "preditory pricing" being laughable, its not really.

      --
      A loop, by its nature, continues. If that didn't make sense, start reading this sentence again.
  14. AntiTrust by aldheorte · · Score: 1

    Well, I suppose collusion is not always an antirust violation as well, but antiTrust makes more sense given the context. Damn typos.

  15. Re:Is it? by Anonymous Coward · · Score: 0

    This fits the business practise of AMD, which has always been prone to ruin competitors by producing cheap, low-quality goods. That's asian companies for you.

  16. Nonsense by Dachannien · · Score: 1

    This is nonsense. Micron could achieve the same objective by simply lowering their prices. Infineon, Samsung, etc., would end up lowering their prices as well in order to stay competitive, and the overpriced, underperforming Rambus would suffer all the same. Micron informing its competitors of the reason for the price cut is merely a courtesy.

    1. Re:Nonsense by Ryan+C. · · Score: 1

      This is nonsense. Micron could achieve the same objective by simply lowering their prices.

      Probably. That's what game theory would predict. And that's what they should have done, it would have been legal.

      Micron informing its competitors of the reason for the price cut is merely a courtesy.

      Nope. It's a very important and damning point. That direct information sharing is the definition of overt collusion, and it's illegal. They should have been smarter and just hinted at it in a press release or stock analyst meeting.

      The fact that they *could* have easily done the same thing legally does not make their actions legal, it just makes them stupid.

      --
      -Ryan C.
  17. so uhh.. by hypergreatthing · · Score: 1

    How is this price fixing? Price fixing to me is setting a high price and coluding with others to keep it high.

    The opposite shouldn't be called price fixing... more like... competition?

    Hell, if this is price fixing, what the hell is going on with gas then? I'd much rather have them all colude and lower the price.

    1. Re:so uhh.. by Tweekster · · Score: 1

      No, price fixing is colluding to set a price at any amount.

      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
    2. Re:so uhh.. by hypergreatthing · · Score: 1

      So lets see, how does one set a price?

      Take a dartboard and see what number a dart lands on?

      Or do you look at the market and decide what's a good price for anything you're trying to sell?

      So it somehow makes it different if you call up the other company and ask them what price they're selling at?

      Truth of the matter is, DDR memory companies had competition with RamBus. If they talked to one another and decided to sell for a low price, how is that price fixing? Are you saying that no competition took place between the DDR memory companies? Lowering prices is a direct result of competition in any market.

      Price fixing should only be when a product is sold across the board at an inflated price with no competition from multiple companies. This is definately not the case here.

    3. Re:so uhh.. by Pope · · Score: 1
      If they talked to one another and decided to sell for a low price, how is that price fixing? Are you saying that no competition took place between the DDR memory companies?

      1: I'll let you think about that for a second. OK, time's up. The DDR companies all agreed on pricing structures, this is collusion. If they all agree to sell at the same price, regardless of their own profit margins and manufacturing costs, that is most assuredly price fixing. They are FIXING the PRICE of their product.

      2: Correct. They colluded to FIX their PRICES to drive RDRAM out of the market.

      --
      It doesn't mean much now, it's built for the future.
    4. Re:so uhh.. by belg4mit · · Score: 1

      You look at what other's are charging, decide what kind of margin you want given your costs and pick a price.
      As others have said price-fixing is collusion, that is *any overt communication regarding market conditions*.
      Look up Standard Oil.

      --
      Were that I say, pancakes?
  18. DDR by Anonymous Coward · · Score: 1, Funny

    I think DDR exploded in the marketplace as soon as it was available for two player competition at the local mall arcade.

  19. This is uncompetitive behavior = illegal by tppublic · · Score: 1
    "This Court reviewed the various price-fixing cases under the Sherman Act beginning with United States v. Trans-Missouri Freight Association, 166 U.S. 290 , 17 S.Ct. 540, and United States v. Joint Traffic Association, 171 U.S. 505 , 19 S.Ct. 25, and said '... it has since often been decided and always assumed that uniform [310 U.S. 150, 213] price-fixing by those controlling in any substantial manner a trade or business in interstate commerce is prohibited by the Sherman Law, despite the reasonableness of the particular prices agreed upon.'"

    "Under the Sherman Act a combination formed for the purpose and with the effect of raising, depressing, fixing, pegging, or stabilizing the price of a commodity in interstate or foreign commerce is illegal per se"

    -- U.S. Supreme Court - U. S. v. SOCONY-VACUUM OIL CO., 310 U.S. 150 (1940)

  20. I remember... by suv4x4 · · Score: 1

    ... when Rambus was still booming, together with the new (at the time) P4 chips by Intel, they were somewhat faster than the rest, but a lot more expensive.

    I actually remember people being dissapointed that P4 "requires" (this is how it was marketed) Rambus memory to show its full potential, and pretty much avoided Rambus like the plague for its proprietary nature and the hefty price.

    And of course in time Rambus lost its speed advantage as well, which drove it into non-existence.

    Makes me wonder if the additional lowering of the prices by the DDR manifacturers was required and did it matter for driving Rambus out of the market. It seemed a lame duck from day 1.

    1. Re:I remember... by Anonymous Coward · · Score: 0

      Quote:
          And of course in time Rambus lost its speed advantage as well, which drove it into non-existence.

      Oh, Rambus still exists. The committees working on DDR2 and the fully-buffered DIMM (FB-DIMM) are spending too much of their time working around Rambus patents rather than designing a good product. The company is a cancer on the electronics industry.

      -A

  21. Really? by iceperson · · Score: 1

    What if gas companies simply colluded to lower the price with the expectation of driving companies that offered alternative fuels out of the market so that they could see bigger gains in the future? Would you feel the same way?

    1. Re:Really? by hypergreatthing · · Score: 1

      It's called competition any way you look at it. If they're trying to compete with the future, go for it.

      Do you think there are no alternatives to gasoline prices? There are lots of alternatives, they're just more expensive currently. I saw a proposal to grow trees into biofuel once somewhere, the problem was that it would be as expensive as oil priced at 80$ a barrel.

      Then again, why do you think oil was priced low in the past? OPEC has said many times that they don't like to see oil priced higher than 40$ a barrel because it would lead to the production of alternative fuels.

    2. Re:Really? by Anonymous Coward · · Score: 0

      "What if gas companies simply colluded to lower the price with the expectation of driving companies that offered alternative fuels out of the market so that they could see bigger gains in the future?"

      This is precisely what happened with oil and it gives us the high prices we have today. The oil producing countrys lowered oil prices (by increasing production) so that shale oil and tar sands could not compete. When those shale and sands investments went bust, they made it very difficult for anyone to put up the kind of investments needed to compete with liquid oil any time in the next few decades. Viola, lower prices creates higher prices.

    3. Re:Really? by iceperson · · Score: 1

      OPEC did in fact do that. Problem is, OPEC is not a "company" or even a group of "companies" that can be regulated by the US. If there were emails proving that this was done by Exxon, Chevron, Mobile, etc... then they could be prosecuted.

  22. QFT by iceperson · · Score: 1

    If this was an example of gas companies colluding to drive out a competitor who's coming to market with an alternative fuel the slashdot crowd would be up in arms.

    1. Re:QFT by dvdsmith · · Score: 1

      I agree in principle, however.... The difference here IMO is that Micron et al did us all a favor by forcing RDRAM out of the market sooner rather than later. It was already higher priced before the collusion, and it only survived as long as it did due to Intel's backing. Just

      My point is many are willing to turn a blind eye if they feel it benefited the industry and/or consumers in the long run.

      --
      "Build something idiot proof, and someone will build a better idiot" - Samuel Clemens
  23. Collusion and rights by Anonymous Coward · · Score: 5, Interesting

    Take a look at the prices of state-of-the-art SDRAM before and while RDRAM was on the market. Notice how 66Mhz 16- and 32MB SIMMs start out pretty expensive in the mid to late nineties, and are later replaced by equally expensive PC100 SDRAM. Then the price of PC100 SDRAM suddenly drops around 1999 to dirt cheap, and then the cheap PC100 is supplanted by equally cheap PC133, PC150, and PC200 SDRAM. Then just a short while later, really expensive DDR SDRAM with data rates in multiple gigabits per second hits the market and we've been paying for memory in a new higher price range than the old pre-RDRAM high price range ever since.

    Now correlate that with the introduction and failure of RDRAM in the market and you'll see that PC100 prices dropped not long after it was introduced, and then fast, expensive DDR SDRAM came to market around the time RDRAM became irrelevant. Of course, that's just circumstancial. A lot of different market forces could have caused that kind of price movement.

    RDRAM had a lot of technical problems with it. It did run hot, it did ride on funky slots, it was complex to manufacture, and for a variety of reasons, it cost a lot of money, not least because Rambus wanted to recoup the costs of developing the one advantage that RDRAM actually did have. That one advantage was that RDRAM was as fast as Intel's top-shelf CPUs. You could build a PC with a 400 Mhz Pentium II, a 400 Mhz FSB, a 400 Mhz north bridge, and a 400 Mhz memory bus leading straight into 400 Mhz memory, but only if that memory was RDRAM. Of course, 200 or 266 Mhz would have been just fine for most applications and even for most benchmarks. Matching speed with the CPU was overkill and Tom's Hardware knew it, among others.

    The things that made RDRAM faster than contemporaneous commodity RAM were the patented designs of Rambus. Their problem was that they came to market seeking tech journo headlines at a time when the average PC consumer was fixated on the CPU speed, assuming that if they could match CPU speed with their RAM and get it written up, people would 1) stop fixating on CPU speed and 2) notice that commodity RAM wasn't cutting the mustard anymore.... and they overdid it, and overdoing it cost more than it needed to all the way down to retail.

    Having said that, the evidence is only now coming to light that RDRAM wasn't killed by its own problems. It was killed by commodity RAM manufacturers flooding the market with cheap PC100 and PC133 RAM. So cheap that the cost curve of settling on the faster RDRAM part didn't make economic sense for most system integrators or their customers, despite the technical advantage. So RDRAM dies a quiet death of irrelevance around roughly 2002. Boo-hoo.

    What happened next is the part that Rambus is currently seeking redress for. DDR SDRAM came to market, and we all know how it works and why it's exactly twice as fast as conventional SDRAM. What most people don't seem to understand is that RDRAM was DDR. That 400 Mhz RDRAM part actually used a 200 Mhz clock, and the FSB, north bridge, and memory bus of an RDRAM-capable motherboard were also DDR. Rambus developed DDR and holds the patent on it, among other things that have shown up in modern commodity RAM.

    So let's recap. Rambus came to market with a problematic yet superior product which was ahead of its time in a market dominated by a few large manufacturers of commodity parts. The major manufacturers got in touch with each other to temporarily fix prices far too low to justify adoption of the problematic yet superior product which was ahead of its time. RDRAM became irrelevant, and the major manufacturers believed that Rambus had also become irrelevant. Once that happened they started using Rambus technology in their own products as the market needed it, while colluding to bump prices back up where they wanted them all along.

    Since then, the post-RDRAM high price fixing has been proven in court. Rambus has kissed and made up with Infineon and Elpida with patent licenses and settl

    1. Re:Collusion and rights by Anonymous Coward · · Score: 1, Informative

      Of course Rambus' patent validity has survived court cases - that's why they hid their patents from the DDR-DRAM group while nevertheless sharing their patented technology with the group to use in DDR-DRAM designs.

      Rambus had a damn good clue that RDRAM would never take off, so they made sure this ace in the hole was available so they'd still have cashflow, courtesy of DDR manufacturers, if DDR took off.

      Rambus isn't owed crap from the DDR manufacturers. Rambus shared their patented technology with the group even after stipulating that they weren't patented. Every last Rambus employee who was involved in their DDR group machinations needs to be taken out to a field and bitch-slapped. Repeatedly.

    2. Re:Collusion and rights by Just+Some+Guy · · Score: 3, Informative
      Then just a short while later, really expensive DDR SDRAM with data rates in multiple gigabits per second hits the market and we've been paying for memory in a new higher price range than the old pre-RDRAM high price range ever since.

      Correct - sort of. There was a temporary glut of RAM as fabs came online and started churning like made, but when a third of them went offline simultaneously (fire? earthquake? I forget) prices spiked immediately. There weren't any more parts in the pipeline to feed those empty sockets that people just learned how to fill.

      RDRAM had a lot of technical problems with it.

      Chief among them was that its performance sucked, and sucked hard. It was very good at streaming a huge contiguous block to the processor, but beyond horrible at switching to another block. Imagine a CPU that was excellent at applying a single operation to a large chunk of memory but awful at everything else. Voila! You've invented P4+RDRAM!

      I can imagine applications where it would've rocked, like encoding video using an instruction block small enough to fit entirely in cache so that the only memory fetches were to the input data. You definitely wouldn't have wanted to run a busy multipurpose server off it, though.

      Rambus developed DDR and holds the patent on it, among other things that have shown up in modern commodity RAM.

      That's also partially true, and the reason that everyone in the know hates Rambus. They took part in the DDR development process, but lied to JEDEC by "forgetting" to mention that the methods they were proposing as part of that process were already patented - by them. Had they mentioned that minor fact, modern DDR would've had a different design, but one that was less convenient for Rambus's patent portfolio.

      --
      Dewey, what part of this looks like authorities should be involved?
    3. Re:Collusion and rights by stevesliva · · Score: 1
      oes your Infineon and Elpida RAM feel more expensive to you, the consumer, than your Micron or Hynix RAM? I'll give you a hint, it isn't...Infineon and Elpida are giving Rambus's fair share back to them out of their inflated profit margin without passing it on to you.
      Uh, these are standard parts. Commodities. If they sold DRAM at a higher price, the would sell none at all. No one has mentioned "inflated profit margin" in regards to DRAM since the mid-90s. The DRAM business is brutal with low margins.
      --
      Who do you get to be an expert to tell you something's not obvious? The least insightful person you can find? -J Roberts
    4. Re:Collusion and rights by Victa · · Score: 1

      Actually you will find that it was RAMBUS that inserted their patented technologies into the SDRAM and DDR-SDRAM standards, without telling any of the other members of the consortioum about the (submarine?) patents.

      They then waited until this RAM went into production before declaring their patents and demanding royalties from ALL makers of SDRAM and DDR-SDRAM.

      The entire managment (and probably a lot of the staff) of RAMBUS is owed daily cavity searches in a tiny little cell somewhere...

      That piece of pie you own was a waste of pastry to bake, and the stock certificates aren't worth the toilet paper they are printed on.

      Victa.

    5. Re:Collusion and rights by Anonymous Coward · · Score: 0

      The collective ignorance of Slashdot'ers is astounding.

      Rambus did not promote their technology at JEDEC and were in fact the only company to have been refused the chance to do so. Taken from the initial decision of an investigation into this matter by the FTC: (Note Gordon Kelly worked at IBM at the time)

      824. The chairman of the meeting, Gordon Kelley, testified that prior
      to the May 1992 meeting Crisp had spoken to him about the possibility
      of Rambus scheduling a presentation concerning DRAM design. (G. Kelley,
      Tr. 2553). G. Kelley also testified that he had refused to allow Rambus
      to present its technology for standardization at JEDEC on this and
      another occasion, even though he had never barred any other member
      company tfom presenting its technology. (G. Kelley, Tr. 2649-58).
      825. G. Kelley had a clear confict of interest; he made and enforced
      his unilateral decision to bar Rambus tfom presenting its technology
      two weeks after he wrote in an internal company document that his
      company s interests were threatened by the Rambus technology and were
      best served if Rambus "fails to become standard." (R 279 at 7). He did
      not disclose this confict to Crisp or to anyone else. (G. Kelley, Tr.
      2656-57)

      Text of Initial Decision of Chief Administrative Law Judge Stephen J. McGuire [Public Version] [PDF 19MB] http://www.ftc.gov/os/adjpro/d9302/040223initialde cision.pdf (19 MB)

  24. Humor me... by iceperson · · Score: 1

    Just making sure I'm clear that you support Exxon, Mobil, and Chevron station's rights to get together and collude to sell fuel for less than Billy Ray's Gas Shack in order to run Billy Ray out of business and maintain their market share. Do I have that right?

    1. Re:Humor me... by hypergreatthing · · Score: 1

      Explain the difference of that and Walmart moving into town, buying a bulk and selling much less than any mom and pop store can afford to sell at.

      The difference is when they raise prices after the competition has been knocked out. If they don't raise the prices when they eliminated the competition, there is no real price fixing going on.

    2. Re:Humor me... by iceperson · · Score: 1

      So that's a yes?

    3. Re:Humor me... by pizzaman100 · · Score: 1
      Just making sure I'm clear that you support Exxon, Mobil, and Chevron station's rights to get together and collude to sell fuel for less than Billy Ray's Gas Shack in order to run Billy Ray out of business and maintain their market share. Do I have that right?

      If Billy Ray's Gas shack is trying to charge a 6% commission on all of big oil's sales, then you might have a comparison.

    4. Re:Humor me... by Anonymous Coward · · Score: 0

      Dense?

      He's saying in his opinion there is more to price fixing than simply raising or lowering prices. RAMBUS can always lower their prices too.

      If a bunch of tree-hugging bio-diesel/electric car manufacturers conspired with each other to reduce prices on their zero-emissions green vehicles would you still be bitching like an egotistical self righteous prick?

      Enjoy your spaghetti.

  25. And this is news... why? by Anonymous Coward · · Score: 0

    Maybe I'm just jaded because my workplace still has a bunch of Dell boxes that use the always-ridiculously-overpriced Rambus RDRAM (they're just as absurdly expensive as they were when Intel stupidly backed that over-patented pony), so I get pissed off every time we have to buy more RAM for those boxes... but I don't see any news here.

    I RTFA and all I see is competitors wanting their competition to go away. Big whoop. The price fixing is a separate issue, has nothing to do with the lawsuit between Rambus & chip makers.

    So what if one of Rambus' competitors wanted Rambus to die a horrible, nasty death - if Rambus didn't like it, they need to do the Microsoft thing and buy their competition. Given the ridiculous amount of royalty payments they were getting there for a while, they probably could have done it, or were within a hairs breadth of being able to do it.

    And let's not even start into the whole "share our patented technology with the DDR group" slimeball tactic used by Rambus.

    1. Re:And this is news... why? by petermgreen · · Score: 1

      so I get pissed off every time we have to buy more RAM for those boxes
      would it be cheaper just to replace some of them and use the ram from those you scrap to upgrade the others?

      how much does a new motherboard/CPU of comparable performance cost nowadays anyway?

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  26. screw 'em, rambus is pure evil by swschrad · · Score: 2

    vastly overpriced memory, based on a common manufacturer spec stolen from the consortium and patented to screw the rest of the industry.

    anything that hurts rambus is OK in my book. you look up "screaming weasel" in the dictionary, you see their logo.

    give those DDR guys a medal for a common spec, lower prices, and better performance. I will never own a rambus-loaded computer. it is the one thing I specifically check for.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  27. The other piece of the puzzle... by Eneff · · Score: 1

    Rambus is also claiming that these same manufacturers, who were also creating RDRAM, were artificially limiting supply as to create demand and raise prices. So these same players are simultaneously raising prices on one product they produce while lowering prices on another.

    RDRAM could have been within 10-15% of SDRAM on terms of costs.

    That said, I see this as a mistake on the business and PR side, not one of the technical side. At some point, Rambus has to look at itself in the mirror and figure out what it needs to keep goodwill with its eventual suppliers and customers, and what they're doing now isn't working.

    This is evidenced by the negative perception of Rambus in the IT community.

    1. Re:The other piece of the puzzle... by Anonymous Coward · · Score: 0

      were artificially limiting supply as to create demand and raise prices

      uh, limiting supply doesn't create demand, and it only raises prices if demand either stays the same or rises as supply falls, which it's going to do independent from changes in supply.

  28. Rambus in Playstation 3 by wiredlogic · · Score: 1

    Remember that Sony is using Rambus XDR memory in the PS3. Yet another reason to get a Wii or a 360. This really doesn't make any economic sense either since DDR2 will inevitably have greater market acceptance leading to lower volume pricing compared to XDR once it is established.

    --
    I am becoming gerund, destroyer of verbs.
  29. Strange case... by evilviper · · Score: 1

    As far as I can tell, this is just a case of these companies getting greedy, and steping over the line.

    Everyone here, older than 13, should remember that Rambus was overpriced, overhyped, and under-performing. The only break that they got was that Intel decided to use only RDRAM on their motherboards, and support only RDRAM with their chipsets.

    The writing was on the wall. It just looks like the other companies got a little worried that it might catch-on, and instead of each companies independantly lowering their prices to compete, they conspired to do so. It seems strange, since one big company lowering their price would have forced the rest to do the same, anyhow.

    It's also hard to consider this very immoral, since it was a case of several smaller companies getting together so they'd have a better chance to compete with a much larger one (Intel, not really Rambus).

    It's just surprising that they broke the law, when it seems they didn't really NEED to, to get the desired result.

    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  30. Economist's Opinion by mrmike37 · · Score: 1

    While I certainly do not disagree that predatory pricing is illegal (as per the Clayton Act and Robinson-Patman Act), I don't believe that predatory pricing is anti-competitive and actually harmful. Since you use the Canonical "Standard Oil" example, I would strongly recommend reading: "Predatory Price Cutting: The Standard Oil (N. J.) Case" by John S. McGee, Journal of Law and Economics, Vol. 1. (Oct., 1958), pp. 137-169. This paper debunks some of the myths regarding Standard Oil and predatory pricing in general. If you don't have access to JSTOR, and you would actually like to read it, I will upload it upon request.

    Signed, An Economist

    --
    Really, I'm not trying to be clever with my signature.
    1. Re:Economist's Opinion by dfjghsk · · Score: 1

      I'm a business type person myself, and love documents like those. Can you upload it somewhere for me? Thanks, I appreciate it.

      --
      Help me take back Slashdot. When did 'News for Nerds' become 'FUD and Conspiracy Theories for Extremist Nutjobs'?
    2. Re:Economist's Opinion by mrmike37 · · Score: 1
      --
      Really, I'm not trying to be clever with my signature.