This is strong stuff?
AMD makes many allegations here, the majority of which would appear to be of a kind that are open and shut cases if you have the contracts. There doesn't seem to be a lot of suggestion that they have the contract, or at least no sign of them using the documents which I'm sure they got through discovery. It's inevitable for court documents to be full of word-play, but that doesn't mean you can't read between the lines. In fact you can, even more so because of the very verbosity of the documents presented.
For example, the article quote AMD's documents;
"The evidence also supports AMD's claim that Intel paid IBM to delay and then to refrain from branding or marketing its AMD blade server."
Evidence supports. Supports, not shows. I'm surprised they didn't just use suggests. Shows would indicate that they have what they believe to be direct evidence. Support indicates to me that they have something that they think they can use to patch together circumstances to fit their allegation, in other words indirect evidence.
I also find it entertaining how they quote Intel;'s CEO out of context trying to come over all humble, but deplore Intel's use of their own head man's comments in the same way. Then try to characterize Intel in a bad light because the took Henri out of context. Clearly they've never heard "Pot, Kettle, meet black."
I almost laughed my butt off when they actually said in their document something that amounted to "Oh yes, we at AMD offer all sorts of discounts and incentives too, it's part of the normal business in this industry, but Intel did even more than we did, and that's unfair!" Sounds like a toys out of pram situation.
What about the whole river of cash thing? Let's analyze for a moment. If Intel is offering such ridiculously good terms in return for exclusivity and offering incentives to the point where people can use the phrase 'river of cash'. Then how in the name of the wee man are they making such huge ass profits? They almost spend more on R&D than AMD has revenue, and yet they make a very healthy profit. Something doesn't add up there. If they're cutting their own throat in order to offer such incredible terms in exchange for exclusivity, then where are their profits coming from?
One last amusing thing is this quote; "Yet, in the face of those facts Intel still attempts to characterize AMD as a bumbling competitor beset by lousy products, a poor reputation, bad planning, and terrible execution; in short, a company nobody would want to do business with,"
You know, in the last three years AMD has been exactly that. Bumbling. They spent wildly on new fabs and then spend a pointlessly gargantuan price for ATI. Their new product lines are way behind schedule, their new manufacturing processes are late, they're nearly a generation of silicon behind Intel, and their own attempts at exclusivity with Dell fell flat when they couldn't make enough chips to satisfy their commitments with Dell *and* the retail channel, screwing the retail customer in the process. They do have a poor reputation in light of these things, and some may not want to do business with them. Ironic then that AMD would make such a statement when it's easier than shooting fish in a barrel to illustrate each element they complain about.
AMD : Intel is bad, they offered discounts on their stuff, we can't compete.
Judge : You offer discounts as well don't you?
AMD : Yes your honor, but that is different. Their discounts are HUGE!
Judge : Oh, so their discounts were bigger than your discounts?
AMD : Yes your honor.
Judge : So, you say they acted unfairly and bought the business.
AMD : Yes you honor.
Judge : Alright then, please show me where they sold their product at a loss in order to force you out of the deal.
AMD : Uh...erm...well, they just sort of pressured IBM and Dell and others into doing what they want.
Judge : Yes, but show me how their discounts were any different from your own, show me how it is that they bought the business.
AMD : Well, you see, it's like this, here's a picture of their CEO apologizing for being bad. See, he's apologizing for it, they must have done something!
Judge : I see from the filings that your own Henri Richards said some things....
AMD : Ah, but you see those things are quoted entirely out of context, his remarks were just in the way of a good natured joke.
Judge : I see. Show me again how you claim Intel bought the business, please.
....
I know someone will come in and claim I'm an Intel shill, but I can honestly say I have an interest in neither company. I just don't see much validity in this kind of case unless there is crystal clear evidence of wrong doing, it's all a case of sour grapes and trying to compete through litigation.
Biting the hand that feeds IT
